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Defending consumers’ right to repair
Many countries are moving towards affordable and accessible repairs of electronic devices and machinery.
Abhishek Chand
In 1924, “Phoebus cartel”, a group of light bulb manufacturers, was formed to lower the lifetime of electric light bulbs from 2,500 hours to 1,000 hours for fears that consumers wouldn’t buy new ones if the old ones continued to work. This is said to be the first case of planned obsolescence, where manufacturers deliberately design products with limited lifetime or in-built flaws. While there has been consistent resistance from the consumers, the companies are the ones who have had the last word.
A shorter lifetime of devices is just one part of the story. We have all faced issues repairing our smartphones, electronics, machines and automobiles due to the unavailability of official parts, repair manuals, service and software support. Usually, companies provide a maximum two years warranty, but the real struggle begins after its expiration. Moreover, the warranty period has many clauses, while companies tend to provide warranty only for particular issues or parts.
In Nepal and many parts of the world, companies often do not sell the genuine parts of their products to their customers and fail to provide them with repair manuals. Some even refuse repairing devices in the warranty period if a third party has repaired the product. So why is a customer, who has paid the full price and owns a product, left at the manufacturer's mercy? Isn’t the customer the metaphorical king of the market?
Let us look at a recent example from Nepal. The Mobile Device Management System was implemented to enhance the government's revenue collection, curb the grey phone market, reduce theft, and help increase the business of mobile phone importers. While it makes sense to help businesses grow and ensure that the government revenue increases, it is important to ensure that the consumers do not get the shorter end of the stick.
It is now time for Nepali consumers to get a new framework or right that helps them win over manufacturers' malpractices. One way of doing so is to get on the train of the global Right to Repair movement aiming to create a world where consumers win. As the e-Commerce bill continues to make the headlines, now is the right time to discuss consumers’ right to repair.
On March 22 this year, the European Commission adopted a new proposal on common rules promoting product restoration. This is the basis of the Right to Repair in the EU. It allows consumers to seek cheaper ways to repair their belongings through official channels. It also allows for transparency in the repair process and forces companies to provide repair beyond the legal guarantee.
In June, the European Parliament endorsed a deal to improve EU rules on batteries and waste batteries. This deal's major point is that manufacturers must design portable or user-replaceable batteries for their appliances. This is a major step in fixing one of the major issues of current gadgets: Battery life. These days, everything is wireless and sealed. Our smartphones, smartwatches, tablets, laptops and earphones all have sealed batteries that cannot be repaired or replaced at home. These batteries often fail to function more or less around the end of the warranty period. That is when the trouble begins.
Official service centres deny repair claiming they do not have the required batteries. Third-party repair shops usually offer low-quality, refurbished batteries because they do not have genuine parts. Batteries are not the only parts that trouble the consumers. Most of the electronics face similar issues with all parts. For instance, companies charge exorbitant prices for their screens and motherboards. Thus, frustrated consumers are forced to purchase a new device. This is causing a rise of piles of e-waste and causing people to lose money while companies stack profits.
Right to Repair fights against these issues and forces companies to be consumer and environment friendly. With the right to repair, companies cannot refuse to repair their devices on their own or through a third party. They also cannot refuse to provide consumers with spare parts. Companies usually refuse warranty or after-sale service if the customer has already tried repairing the device through a third-party. Right to Repair seeks to undo that practice too. Minimum customer and repair support should also be made available for a minimum period, say five years, because that is the need for a sustainable environment.
The EU has been forward in this revolution and the United States and India are also following suit. In Colorado, farmers had been fighting against a popular tractor company to get the rights to repair their tractors themselves with affordable alternatives and won it. Companies such as Samsung and Apple have also started a self-repair programme in the United States but they have a long way to go to make them affordable and sustainable. In India, the Ministry of Consumer Affairs has set up a Right to Repair framework to help consumers get cheaper repair options from companies instead of being forced to buy entirely new products. These rights and frameworks cover not only smartphones and gadgets but also consumer electronics, home appliances, and automobiles; some even cover exclusive medical equipment.
Global consumers are fighting for their rights, and countries that care about sustainability are working to provide rights to their citizens. It’s time for Nepali lawmakers and Nepalis to think about the global Right to Repair movement and act in time. Nepali consumers can’t be left at the clemency of big companies that want people to buy more. It is time to provide power to consumers, save their wealth and reduce e-waste. Last year, the Supreme Court of Nepal also ordered the government to establish consumer courts in all seven provinces under the Consumer Protection Act, 2075. This can be a great start to initiate better days for Nepali citizens and consumers.