Smartphones, tablets, or laptops that you are using to read this post, do you think you truly “own” it with full rights? If I told you that you are not the true owner of it 100%, without realizing it or not being bothered by it, would you believe that?
In the past 10 years, the business landscape has evolved, reducing our freedom or rights with various electronic devices gradually. The closest gadget that we may need to repair or maintain, whether it’s a smartphone, tablet, or laptop.
Many countries worldwide, both consumer and government sides, are striving and fighting against this issue. Several countries have already enacted Rights to Repair laws, such as the UK, USA, and the European Union.
And what about Thailand? Should this become a public issue and lead to legislative action?
Better to buy a new one
Many people today still have the behavior of fixing everything themselves. Having a complete set of tools at home, not relying on technicians or service centers. However, the consumer trend, influenced by manufacturers making repairs difficult, has shifted towards “better to buy a new one” mentality.
A survey by Deloitte of around 1,000 consumers found that 40% choose to buy new items if the old one is broken. Another 7% consider buying second-hand or refurbished items instead. Those who choose not to repair, 60% say the main reason is the high cost of repairs.
What we lose by choosing to discard old devices and buy new ones is not just electronic waste. According to the Global E-waste Monitor 2024 report by the United Nations Institute for Training and Research (UNITAR), the world produces over 62 million tons of e-waste annually, with Thailand contributing 750,000 tons annually. However, there are significant savings that could be made, with the EU estimating an annual loss of 12 billion euros in this sector alone.
Planned obsolescence
The concept that every product has a limited lifespan, naturally wearing and tearing, whether in use or not, is inherent. However, the idea of planned obsolescence involves designing products to deteriorate or operate inefficiently within a certain timeframe, aligning with consumer behavior that encourages purchasing new products. Ultimately, this ensures the company’s long-term revenue.
A clear example that many may remember is the intentional slowdown of iPhone models before Apple admitted to it. Another case involved Samsung slowing down Galaxy Note 4 after a software update.
Which type of owner are you?
One clear and impactful method of planned obsolescence directly affecting consumers is designing devices with difficult or impossible self-repair options. For example, using the Pentelope screw on the 5-point star device like a symbol on Apple’s MacBook Pro, MacBook Air, and iPhone in 2009-2010.
Apple, known for its brand popularity and widespread device usage, has been at the forefront of limiting self-repair or third-party repair options. If not done at an Apple store or partner (parts pairing), DIY repairs often result in basic functions like Face ID being disabled. Notable cases involve lawsuits against small repair shops in Norway, with Apple emerging as the victor.
Another example is John Deere, an agricultural machinery manufacturer in the US, employing a similar tactic to limit independent repairs, significantly raising costs for parts or services. This not only affects service pricing but also impacts customers who mostly operate these machines remotely, causing delays in harvest, pushing them to comply with John Deere’s service monopoly.
Companies often use standards for parts, safety, and usage to justify their policies restricting repair options. However, these methods seek to exert control over repair processes to maintain revenue flow, whether through repair costs, or ultimately, new purchases.
Rights to Repair globally and in Thailand: Where are we now?
With manufacturers moving towards such strategies, the momentum for repair rights has steadily grown over the past 3-4 years. France passed a law in 2021 requiring electronic and electrical manufacturers selling in France to include a “Durability Index” based on iFixit repairability scores. England also introduced the Rights to Repair legislation in 2021, giving manufacturers 2 years to prepare for easy consumer access to repair parts.
The European Union recently passed similar legislation, giving consumers access to repair information or services easily after the warranty ends. While the US has such laws in only a few states like New York, Colorado (specific to agricultural equipment), Minnesota, California, Oregon, and Colorado, with varying specifics such as banning parts pairing for Oregon.
The shift towards consumer protection laws in major markets like Europe or the US is ushering in a change, especially with Apple’s Self-Repair program in both regions and Samsung’s Galaxy Self-Repair initiative in South Korea. Companies like John Deere have also modified policies for easier third-party machinery repairs. With Asian markets, it remains to be seen if similar initiatives by Apple and Samsung will cover repair rights even without specific laws.
Thailand lags in this discussion
In Thailand, there are only provisions in the Commercial and Civil Code, Sections 472 to 474, assigning responsibility to sellers for goods with defects. However, this law is relatively broad, leaving consumer rights vaguely defined and mostly covering seller or manufacturer responsibility for defective goods. In practice, warranties may last only 1-2 years with optional extended warranties or paid repairs beyond that.
Efforts towards a Consumer Protection Act for product defects, also known as the Lemon Law, are currently in the works (yet to be passed and enacted). However, the emphasis on Lemon Law today is primarily on mandating clear responsibilities for sellers and allowing consumers to demand product replacement, repair, discounted pricing, or contract termination.
Even with the Lemon Law framework, consumer rights in terms of repairs are still not explicitly addressed, thereby leaving the issues mentioned in this article largely untouched.
It’s undeniable that consumer protection laws in Thailand may be less robust compared to many countries, leading to limited movements in this area. However, it’s time for laws like Rights to Repair to become a more widely discussed topic and integrated into legal processes to empower consumers to fully manage the devices they buy, particularly in terms of economic benefits by eliminating unnecessary repair costs or new purchases.
TL;DR:
The landscape of consumer rights in the realm of repairing electronic devices is gradually shifting globally, with the enactment of Rights to Repair laws in various countries. While countries like the UK, USA, and the EU have made strides in this area, Thailand’s legal framework falls behind in explicitly protecting consumer repair rights. With an increasing focus on planned obsolescence, the time is ripe for Thailand to join the global conversation and enact legislation that empowers consumers to have full control over the repair and maintenance of their electronic devices.
Leave a Comment