New Delhi: The Central Consumer Protection Authority (CCPA) has issued notices to six e-commerce platforms 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.
The action follows observations that these platforms were facilitating online access to regulated drone jammers without mandatory statutory disclosures and approvals.
The six entities that have been served notices include: M/s Everse, IndiaMart, Xboom, Javiat Aerospace, M/s AirONE Robotics, and M/s Maveric Drones & Technologies Pvt Ltd.
The CCPA stated that the listing of drone jammers and similar restricted wireless equipment was found to be non-compliant with licensing and regulatory norms applicable in India.
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Key Observations by CCPA on Drone Jammers Listings
The Central Consumer Protection Authority observed that drone jammers and related wireless transmitting devices were being listed online:
- Without disclosure of mandatory licensing requirements;
- Without valid Equipment Type Approval (ETA) or Wireless Planning & Coordination (WPC) certification details;
- Without clearly stating that civilian possession and use without statutory authorisation is prohibited; and
- In a manner likely to mislead consumers into believing that such devices are freely purchasable.
According to the authority, the omission of statutory restrictions while marketing drone jammers could mislead consumers and potentially expose them to legal consequences.
Information Sought from E-Commerce Platforms
The CCPA has directed the concerned platforms to furnish detailed information regarding the listing and sale of drone jammers, including:
- Source of procurement/import along with copies of import licences, invoices, and related documents;
- Copies of regulatory approvals/authorisations obtained from WPC/DoT/DGFT/Cabinet Secretariat/MHA;
- Legal basis for offering the restricted equipment for commercial sale;
- Number of units sold during the preceding two years along with complete purchaser details;
- Particulars of third-party sellers listing similar equipment;
- Steps taken to discontinue such listings and prevent recurrence; and
- A complete list of similar radio frequency/wireless transmitting equipment offered on their platforms.
The notices underline the requirement for strict due diligence before enabling online transactions involving drone jammers and other signal-jamming equipment.
Legal Framework Governing Drone Jammers in India
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 the Wireless Planning & Coordination (WPC) wing.
The import of restricted equipment such as drone jammers is governed under the Foreign Trade (Development and Regulation) Act, 1992 and applicable notifications issued by the Directorate General of Foreign Trade (DGFT).
Such equipment is ordinarily permitted only to authorised Government agencies and law enforcement authorities, subject to statutory approvals.
The CCPA stated that the omission of material information regarding statutory restrictions and legal consequences prima facie amounts to misleading advertisement and unfair trade practice under Sections 2(47), 18, and 19 of the Consumer Protection Act, 2019.
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E-Commerce Compliance Obligations
Under Rule 4 of the Consumer Protection (E-Commerce) Rules, 2020, marketplace entities are required to exercise due diligence and ensure compliance with applicable laws.
Hosting or facilitating sale of restricted equipment such as drone jammers without verifying statutory authorisation may also attract penal consequences under the Indian Telegraph Act, the Wireless Telegraphy Act, and relevant provisions of the Foreign Trade (Development and Regulation) Act.
The Central Consumer Protection Authority had earlier issued an advisory to e-commerce entities against the illegal sale and facilitation of wireless jammers.
The authority reiterated its commitment to safeguarding consumer interests and ensuring that regulated or restricted products, including drone jammers, are not unlawfully offered for commercial sale through digital marketplaces.
