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Central Consumer Protection Authority jams illegal sale of wireless jammers by e-commerce entities

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04-05-2022 05:05 PM National

The sale and use of wireless jammers are prohibited for general consumption and its facilitation by e-commerce platforms shall be viewed as an illegal activity and a violation of consumer rights. As such the Central Consumer Protection Authority (CCPA) has issued an Advisory to e-commerce entities concerning selling or facilitating the sale of wireless jammers to consumers through their e-commerce platforms.

The sale and use of any wireless device without authorization/license under the Indian Telegraph Act, 1885 or Indian Wireless Telegraphy Act (IWTA) 1933, unless exempted by rules, is illegal. Jammers come under the purview of IWTA, 1933 and the Act lays down that license is required for possession and use of jammers. As per the Guidelines issued by the Government of India, Jammers may be allowed only under exceptional circumstances, only when authorized by Secretary (Security), Cabinet Secretariat.

The Department of Telecommunication issued an Advisory on 21.01.2022 with reference to the illegal facilitation and sale of wireless jammers on online platforms. Also, the Department of Promotion of Industry and Internal Trade has issued a Letter to all e-commerce entities to comply with the rules and regulations laid down by the Government of India against the sale and purchase of any kind of mobile jammers.

Under Section 18 of the Consumer Protection Act, 2019, CCPA is empowered to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers’ rights. Further, CCPA is empowered to prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.

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