The Central Consumer Protection Authority (CCPA) has initiated action against six e-commerce platforms for listing and selling restricted wireless transmitting devices such as “Anti-Drone Systems,” “Drone Jammers,” and “GPS Jammers,” in violation of the Consumer Protection Act, 2019 and other telecom and trade control laws. The devices were being sold without proper disclosure of mandatory licenses and authorizations, which has raised serious concerns regarding consumer safety and compliance with regulatory norms.
The e-commerce platforms under scrutiny include:
M/s Everse
IndiaMart
Xboom
Javiat Aerospace
M/s AirONE Robotics
M/s Maveric Drones & Technologies Pvt Ltd
Violation of Consumer Protection Laws
The CCPA’s investigation found that these platforms were offering the restricted devices for sale without complying with legal requirements. Specifically, the listed products were:
Not accompanied by information regarding mandatory licensing requirements.
Lacking details on Equipment Type Approval (ETA) or Wireless Planning & Coordination (WPC) certifications.
Failing to inform consumers that civilian possession and use of such devices are prohibited without statutory authorization.
Potentially misleading customers into thinking these devices could be freely purchased.
As per the CCPA, these omissions and misleading practices violate Sections 2(47), 18, and 19 of the Consumer Protection Act, 2019, which pertain to misleading advertisements and unfair trade practices.
Regulatory Framework and Licensing Requirements
Drone jammers and similar signal-jamming devices are heavily regulated under the Indian Telegraph Act, 1885, and the Wireless Telegraphy Act, 1933. These devices require strict licensing from the Department of Telecommunications (DoT) and Wireless Planning & Coordination (WPC) to ensure that their use does not interfere with communications systems. The import of such equipment is controlled under the Foreign Trade (Development and Regulation) Act, 1992, and can only be authorized for government agencies and law enforcement authorities after obtaining the necessary approvals.
Selling or facilitating the sale of such devices without proper regulatory authorization can have serious legal consequences for both the sellers and the platforms involved.
CCPA’s Directives to E-Commerce Platforms
In response to these violations, the CCPA has instructed the concerned e-commerce platforms to provide comprehensive information, including:
Procurement and Import Details: Copies of import licenses, invoices, and documents related to the source of the equipment.
Regulatory Approvals: Evidence of approvals from WPC, DoT, DGFT, MHA, and other relevant authorities.
Legal Grounds for Sale: Clarification on the legal basis for offering restricted equipment for commercial sale.
Sales Information: Number of units sold in the past two years, along with the details of buyers.
Third-Party Seller Information: Details of third-party sellers offering similar equipment on these platforms.
Steps to Prevent Recurrence: Measures taken to remove such listings and prevent future occurrences.
Listing of Similar Products: A complete list of other wireless transmitting equipment available for sale on the platforms.
Consumer Protection and Compliance with E-Commerce Rules
Under the Consumer Protection (E-Commerce) Rules, 2020, marketplace entities are required to exercise due diligence and ensure compliance with all applicable laws, including those related to restricted products. E-commerce platforms are held responsible for verifying that products listed on their websites comply with statutory authorization, particularly for items like drone jammers and GPS jammers.
Failure to do so may lead to penalties under the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Foreign Trade (Development and Regulation) Act, 1992, among other provisions.
This move by the CCPA follows an earlier advisory issued to e-commerce entities warning against the sale and facilitation of illegal wireless jammers. The CCPA has reaffirmed its commitment to safeguarding consumer interests by ensuring that products requiring special authorization are not unlawfully offered for sale through digital marketplaces.
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As the regulatory scrutiny on e-commerce platforms intensifies, companies are urged to adhere to compliance guidelines and protect consumers from potentially harmful or illegal products. The CCPA’s actions serve as a reminder of the importance of transparency and consumer protection in the online marketplace.
