Right To Repair

Right To Repair (RTR) is a right that is demanded by many activists and consumers that will allow them to repair the devices or equipment they own. Demand for this right started in the 1950s, when computer devices started coming up. Currently, a consumer who owns any device is the owner, but in case the device needs any repair, she might have to turn to the Company that manufactured it. This is because the manufacturers do not allow the customer to get their devices repaired by a third-party service. This not only violates the right of customers to repair the device they own but also costs them dearly due to costly and delayed repairs. This problem persists in many areas, such as the automobile sector, particularly in agricultural vehicles, smartphone and digital devices, consumer durables, and many other areas. In recent times, this issue has been raised by consumers at the highest levels in many nations. The governments have also responded positively to these demands and have enacted legislation to provide a framework for RTR. In the US, four states have passed laws related to RTR. In India, the Department of Consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution, has launched a Right to Repair Portal that allows customers access to information related to the service and warranty of products made available by various brands in the country.

A Simple Example of Roadblocks in Repair: When a person buys a device, such as a smartphone, it comes with a warranty and service promise from the manufacturer. Typically, for a smartphone, the warranty period is one year from the date of purchase. Over time due to general wear and tear or some other issues, that smartphone might need some repair and service. However, after the warranty period is expired the manufacturer will charge service and repair costs from the customer. The customer might approach a third party repair centre in hope of a cheaper and faster repair. But the manufacturer may not make available the parts required to carry out repairs. Even if the parts are made available from a third party supplier, the original manufacturer might block such repairs by locking out the customer by making use of software control. Thus, the customer would have to either approach the manufacturer for repair, which would be very costly, or buy a new device. Often, it is found that the repair costs are almost as high as the cost of a new device. That is why customers are demanding a right to repair.

Right to Repair: Consumers must be able to repair any device or equipment they own. Here, ‘repair’ usually means access to affordable, accessible, and quality means of repair, including the freedom to approach third party repairs. Following are the reasonable expectations of a consumer under ‘right to repair’:

• Access to basic information: Information about the device should be readily available to the consumer. This information includes product manuals, schematics, warranty and service information, etc.
• Replacement parts and tools: Consumer and third-party repair shops must have access to the replacement parts and specialised tools required to carry out repairs. These parts must be of high quality, genuine, and compatible with the device.
• Product design should accommodate repairs: The product must be designed in such a way that it can undergo the repair process multiple times. In other words, the product design must be ‘repair friendly’. For example, some smartphone manufacturers have made charging port repair very complicated because it is connected to other parts, whereas some smartphones have a charging port isolated from other parts, which makes it easy to replace it.
• Affordable and timely repairs: Repairs must be affordable and timely. It is observed that repairs to some devices are very costly and time consuming. This deters consumers from repairing their old device and pushes them to buy a new one.

• Reduced E-Waste: In 2019, globally, 53.6 million tonnes of E-waste was generated, out of which only 17.6% was recycled. RTR will encourage people to use their devices for a longer period of time. In case the device needs any repair, consumers may opt for an easy and affordable repair instead of buying a new device. So, it will encourage a circular economy, and the net global E-waste generated will be lower.
• Employment generation: RTR will give rise to small third-party repair shops that carry out repairs. Also, the supply chain for replacement parts will develop globally. Hence, there is a great opportunity for employment generation.
• ‘Planned Obsolescence’ will be discouraged: This is a practice that encourages the product to be designed in such a way that it either breaks or stops working after a short to medium term. The main purpose of this practice is to drive sales of new products. This practice is against the RTR. But, if the RTR framework is operationalised, consumers will demand a high-quality product which will force companies to abandon this practice.
• Promote trade between Original Equipment Manufacturers (OEMs) and third-party sellers and buyers: In the absence of any RTR framework, third-party repair shops have to turn to other generic manufacturers for replacement parts. This entails the risk of low-quality parts and also some privacy issues. But a functional RTR will encourage OEMs to establish a relationship with the third-party repair shops and ensure timely delivery of required replacement parts. This will be beneficial for the OEMs as well as the third-party repair shops.
• Consumers will have a choice: Consumers will have the option to keep using old devices as long as it serves their needs or go for a new device in case the need is not fulfilled. Even if the consumer goes for a new device, the old device can be sold to another person in need of that device. Hence, in ethier choice the demand for a new device will come down.
• Promotes Reduce, Reuse, Recycle: RTR is better for environmental sustainability as it promotes the reduce, reuse, and recycle concept. RTR is also in line with the LiFE (Lifestyle For Environment) movement that is initiated by the Indian Government.

• Concerns related to IPR: Big Tech companies such as Apple, Samsung, Microsoft, etc. have raised concerns that RTR will be in violation of their Intellectual Property Rights (IPRs). This is because the RTR regime would force them to share information regarding schematics, product design details, and parts with the third-party repair services. The OEMs fear that this will open the door for copycats or competitive rivals to reverse engineer or steal the designs, which will hurt the business of tech giants.
• Privacy concerns: OEMs also maintain that third-party repairs will increase privacy concerns as it is not possible to monitor the repairs done by a third-party service centre. Since the world is now heavily dependent on smartphones and other digital devices for various tasks, this is a very big concern.
• Impede innovation: The profit and sales growth of a product dictate the innovation undertaken by a company. RTR will have a significant negative impact on the sales growth of new products, thus hampering innovation of newer technologies.
• Quality control and a skilled workforce: Modern tech devices are complicated to repair and require specialised knowledge. It is very difficult to maintain effective quality control as there will be more unregulated and informal repair shops. Even if the replacement parts are genuine and supplied by the OEMs, there is a lack of skilled workers to execute such repair work.
• Design related concerns: RTR requires companies to design more ‘repair friendly’ products to reduce the cost of repair and increase the longevity of a product. But these design changes may prove to be detrimental to the working of the product or reduce the required efficiency. In addition to these OEMs may have to invest a considerable amount of capital into changing the manufacturing process.

The challenges faced by the RTR movement are significant, but they must not become a roadblock to realising consumers’ right to repair. A comprehensive framework enforced by legislation can address most of the challenges. The industry must not consider RTR as a limitation to their growth; rather, they must thrive for innovation that is in line with the changing priorities of people and the planet. The Right to Repair is an essential right that has to be fulfilled by all the stakeholders. It will not only help in achieving the goal of sustainability but can also be a game changer for India and the world in terms of generating employment.