CCPA flags illegal listings of anti-drone systems, GPS jammers online

New Delhi (PTI): The Central Consumer Protection Authority (CCPA) has issued notices to six e-commerce players including IndiaMart for listing and selling prohibited wireless transmitting devices through their platforms in alleged violations of various laws.

The six e-commerce entities are Everse, IndiaMart, Xboom, Javiat Aerospace, AirONE Robotics and Maveric Drones & Technologies Pvt Ltd, according to an official statement.

CCPA has issued notices to these firms for "listing and offering for sale restricted wireless transmitting devices such as 'Anti-Drone Systems', 'Drone Jammers' and 'GPS Jammers', in an alleged violation of the Consumer Protection Act, 2019 and other applicable telecom and trade control laws." Prima facie, this amounts to misleading advertisement and unfair trade practice under the consumer protection law.

The CCPA said it remains committed to safeguarding consumer interests and will ensure that regulated or restricted products are not unlawfully offered for commercial sale through digital marketplaces.

Elaborating on these notices, the authority said it observed that these devices were being listed online, without disclosure of mandatory licensing requirements; without valid Equipment Type Approval (ETA) or Wireless Planning & Coordination (WPC) certification details; and without clearly stating that civilian possession and use without statutory authorisation is prohibited.

These products were being offered for sale in a manner that can mislead consumers into believing that such devices are freely purchasable, the statement said.

The CCPA has directed the concerned entities to furnish detailed information, including source of procurement / import along with copies of import licences, invoices and related documents.

It has also asked for copies of regulatory approvals/authorisations obtained from various government departments and also the legal basis for offering the restricted equipment for commercial sale.

That apart, these firms have been told to disclose the number of units sold during the preceding two years along with complete purchaser details.

Particulars of third-party sellers listing similar equipment and steps taken to discontinue such listings and prevent recurrence have also been sought.

The CCPA has demanded a complete list of similar radio frequency/wireless transmitting equipment offered on their platforms.

The CCPA mentioned that the drone jammers and signal jamming equipment are regulated under the Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933, and are subject to strict licensing and regulatory control by the Department of Telecommunications (DoT) and Wireless Planning & Coordination (WPC).

Import of such restricted equipment is governed under the Foreign Trade (Development and Regulation) Act, 1992 and applicable DGFT notifications.

Only authorised government agencies and law enforcement authorities, subject to statutory approvals, are permitted for such products.

The omission of material information regarding statutory restrictions and legal consequences prima facie amounts to misleading advertisement and unfair trade practice under the Consumer Protection Act.

The Consumer Protection (E-Commerce) Rules, 2020, specifies that marketplaces are required to exercise due diligence and ensure compliance with applicable laws.

Hosting or facilitating sale of restricted jamming equipment without verifying statutory authorisation may also attract penal consequences under the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and relevant provisions of the Foreign Trade (Development and Regulation) Act, 1992, the statement said.