Author: Aparna Bhatnagar
Introduction
In April 2024, Apple made headlines by announcing that consumers will now be able to purchase spare parts for their products. The decision follows an order from the Federal Trade Commission (FTC) in the United States, which mandates that manufacturers address anti-competitive practices by ensuring consumers can repair their products themselves or through third parties. The move highlights a growing push for consumer autonomy and sets a precedent for other countries, such as India, to adopt comprehensive ‘Right to Repair’ laws. Such laws would ensure that users and third-party companies have access to the necessary tools, parts, and manuals, enabling independent repairs and reducing reliance on manufacturers.
Understanding the Right to Repair Movement
The term “right to repair” traces back to a 2012 Massachusetts law requiring vehicle manufacturers to provide independent repairers with access to diagnostic tools and repair information, ensuring car owners could choose where to service their vehicles. However, this initialy excluded telematics data—vehicle information transmitted wirelessly to manufacturer. To address this gap, Massachusetts amended the law in 2020, mandating manufacturers to make telematics data available for diagnostics, maintenance, and repair. This move catalysed broader advocacy efforts, spurring right-to-repair legislation in at least 25 states, and even prompting a national bill in Congress.
The Right to Repair movement is built on four key principles: (i) accessibility of repair information, (ii) availability of parts and tools, (iii) legalizing modifications to products without voiding warranties, and (iv) shifting industry practices to prioritize product repairability. The rationale is that consumers should have full ownership of the products they purchase, including the ability to repair and modify them. However, companies often withhold repair manuals and maintain control over spare parts, limiting consumers’ ability to easily fix their devices.
Why the Right to Repair Matters?
In the absence of repair manuals, manufacturers can hold near-monopoly control over repair services, allowing them to charge consumers exorbitant prices. This lack of competition makes repairs expensive and inaccessible for many consumers. Additionally, the Right to Repair tackles the issue of planned obsolescence, where products are designed to become obsolete after a certain period, forcing consumers to buy replacements due to the unavailability of parts, or frequent design changes. With the Right to Repair, companies would be incentivized to create more durable and long-lasting products, reducing the need for replacements. By promoting access to repairs, the Right to Repair also upholds the ‘right to choose’ recognized under Section 2(9)(iii) of India’s Consumer Protection Act, 2019, expanding consumer options and reducing monopolistic control in the market. Additionally, expanding the repair ecosystem can boost the local economy by allowing small repair shops to thrive, generating revenue and employment at the regional level. This ties into the Indian government’s Atmanirbhar Bharat (self-reliant India) initiative, which encourages domestic manufacturing and innovation. The Right to Repair would reduce dependence on foreign-made spare parts and services, potentially stimulating job creation in the repair and maintenance sector within India. Lastly, the Right to Repair promotes environmental protection by reducing the need for frequent disposal of electronic devices, which contribute to landfill waste. Manufacturing new electronics is a resource-intensive and polluting process, involving the use of fossil fuels and other harmful materials. By extending the lifespan of products, the Right to Repair supports more sustainable consumption practices, mitigating environmental damage.
What is the global status of Right to Repair?
Several countries have implemented varying degrees of Right to Repair laws, each offering distinct levels of consumer protection and emphasizing different approaches to sustainable product use.
Australia
Australia’s Consumer Law enables consumers to seek repairs for goods that break easily or do not function properly. A unique feature of the Australian system is the emergence of Repair Cafés, where volunteer fixers gather to help people repair items like bikes, appliances, and other goods, creating a community-driven repair culture.
United States
In 2021, President Biden signed an executive order directing the Federal Trade Commission (FTC) to draft regulations restricting device manufacturers’ from limiting independent repairs. This directive is part of a broader initiative to enhance competition across various industries, including banking, technology, labour markets, internet services, and airlines. While final FTC regulations are pending, in December 2022, New York became the first state in the U.S. to enact a right to repair for electronics through the Digital Fair Repair Act. The Act requires manufacturers to make available diagnostic and repair information, as well as parts, for most digital electronic equipment to both consumers and independent repair shops on fair and reasonable terms.
United Kingdom
The Right to Repair Regulations, 2021 legally mandate manufacturers to provide spare parts to citizens and third-party party repair companies. Currently the law only covers dishwashers, washing machines, washer-dryers, refrigeration appliances as well as televisions and electronic displays.
European Union
In 2024, the European Union adopted new Right-to-Repair rules which mandate that companies repair common household products, such as smartphones and washing machines, even after the warranty period expires. This aims to reduce waste by increasing product lifespan.
France
France’s repairability index law requires manufacturers of certain electronic devices, like phones and laptops, to display a repairability score based on five criteria: ease of disassembly, availability of repair manuals and spare parts, spare parts pricing, and a device-specific factor. The overall score, along with the detailed data, must be made available to consumers at the point of sale. (For example, Apple’s worksheet containing scores for all the devices sold in France can be accessed here).
The state of Right to Repair in India
In July 2022, Department of Consumer Affairs set up a committee to develop a comprehensive framework on the Right to Repair. As part of this initiative, India launched the Right to Repair portal in December 2022 to empower citizens by providing them access to comprehensive information about product repair. The portal covers consumer durables, electronic devices, automobiles, and farm equipment, and is not binding in nature. Through the portal, consumers can access resources like product manuals, repair videos, and information on spare part pricing and warranties. It also includes features to help consumers find authorized and third-party repairers, encouraging cost-effective repair options beyond official repair services. The website also allows consumers to submit feedback and suggestions on products and services, further supporting the goal of creating a more consumer-friendly and environmentally sustainable market. In July 2024, the Department Consumer Affairs convened a meeting with automobile associations and partner companies to onboard them on the Right to Repair portal. It is noteworthy that while the right to repair is not recognised as a statutory right in India, however, the landmark ruling in Shamsher Kataria v. Honda Siel Cars India Ltd. (2017), held that restricting access to spare parts for independent automobile repair units through an end-user license agreement is anti-competitive.
What are the challenges in granting the Right to Repair?
The implementation of Right to Repair laws in sectors such as technology, automotive, and household appliances face significant challenges with security and privacy being primary concerns. Companies across industries that rely on digital and connected technologies, argue that allowing third parties to open up products that contain patented technologies could compromise user privacy and data security. For example, in the Shamsher Kataria case, manufacturers contended that unauthorized repairs could expose sensitive vehicle data, potentially allowing malicious actors to access or manipulate onboard systems. This apprehension reflects a broader anxiety about the implications of third-party access to critical technology, where safety and security could be jeopardized.
In the past, large technology companies have actively lobbied against the need for these laws, arguing that they are working toward improving the durability of their products. For instance, in 2021, Apple expanded its independent repair provider program to over 200 countries, citing its efforts to reduce e-waste. Similarly, Microsoft improved the design of its Surface Laptop to make it easier to replace components like batteries, following criticism for making repairs nearly impossible on older models. However, big companies often impose mechanisms that restrict independent repairs. For example, digital warranty cards invalidate warranties if customers have their devices repaired by non-authorized providers, effectively discouraging independent repair and limiting consumer choice. This industry opposition poses a significant barrier to realizing the full potential of the right to repair movement.
What lies ahead?
India’s Right to Repair portal marks a significant advancement in consumer empowerment, offering easy access to essential resources such as product manuals, repair videos, spare part pricing, and warranty information. Building on this momentum, India could consider enacting a dedicated Right to Repair law, which would lower repair costs, extend product lifespans, and promote sustainability by encouraging repairs over replacements. However, several challenges could impede the effective implementation of such legislation. One major issue is intellectual property rights (IPR), as manufacturers may resist such legislation due to fears that it could compromise their proprietary technologies and designs.
Supply chain disruptions present another challenge. Multinational manufacturers might argue that a Right to Repair law could complicate logistics and increase costs, especially if repairs require sourcing parts from multiple suppliers. Quality control and safety are also critical issues, as poor quality of repairs performed by untrained personnel or independent shops could lead to hazards. Establishing certification processes or guidelines for safe and effective repairs will be vital in protecting consumers.
To fully realize the benefits of a Right to Repair law, it is crucial for policymakers to proactively address these challenges. India can draw inspiration from successful practices in other countries, such as France’s repairability index, which assigns repairability scores to products to influence consumer choices. This initiative mandates that any company wishing to sell its products in France submit repairability scores, illustrating a potential pathway for embedding repairability into product design on a global scale. As India works to develop its own legal framework for the Right to Repair, striking the right balance between protecting consumer rights and maintaining product integrity will be essential. This careful approach will ensure that the law fosters a sustainable and consumer-friendly marketplace, ultimately empowering individuals and reducing e-waste.
