E-commerce portals advised by DoT against sale of wireless jammers, wireless devices/ equipment as the same is illegal without prior permission or compliance with the Indian Telegraph Act

The Department of Telecommunications (“DoT”)has advised e-commerce portals and offline dealers against sale and/ or purchase of any kind of wireless devices / equipment including wireless jammers without ensuring proper compliance with the provisions of Indian Telegraph Act 1885 (“ITA,1885”) and Indian Wireless Telegraphy Act, 1933 (“IWTA, 1933”) as such devices are capable of disrupting the authorised telecom or other wireless networks.

Further, it is clarified that in case of non-compliance with such advisory, legal action shall be initiated under the Information Technology Act, 2000 and any other security guideline provisions.

Background:

Generally, the sale and use of any wireless device / equipment without authorisation or licence under the ITA, 1885 and/or IWTA, 1933, unless exempted by any rule, is illegal.

Further, jammers may only be allowed under exceptional circumstances where authorisation has been taken from Secretary (Security), Cabinet Secretariat as per the guidelines issued in this regard.

In this context, reference is also drawn to DoT Notice No. L-14040/ 01/2019 which was issued to e-commerce companies in connection with the illegal facilitation, sale and use of unauthorised signal boosters and repeaters.

A Copy of the Notification is attached herewith for your ease of reference.

Source: Ministry of Communication