The Institute’s Policy White Paper, in collaboration with the Thailand Environmental Institute (TEI) and Rangsit University Faculty of Law, explores Right to Repair (R2R) in Thailand and sets out recommendations for creating a robust R2R policy environment in the country.

The Paper also discusses the history of R2R movement and legislation around the world, highlighting how the right R2R policy environment can also support nationwide efforts in sustainability, circular economy, and consumer protection. For Thailand, the creation of targeted and comprehensive R2R policy can position the country to lead in R2R in the Southeast Asia region.

Click here to download the full report (in English).

Click hereto download the full report (in Thai).

Executive Summary

Right to Repair (R2R) is the concept that consumers should have the right to fix their products, devices and equipment, with access to parts, tools and documentation. Moreover, R2R provides legal protections for repair and discourages software restrictions that degrade a product’s utility. The lack of consumer choice, higher costs, and environmental concerns have driven the R2R movement to advocate for greater repairability, successfully resulting in groundbreaking R2R legislation in recent years, namely at the state level in the United States (US) and the European Union (EU).

In the EU, sustainability has been a key driver of the R2R movement, especially amid growing electronic waste (e-waste) and the associated emissions of consumerism. In the US, the R2R movement has largely been driven by consumer protection against original equipment manufacturers (OEMs) restricting access to independent repair through various technical and legal barriers, such as the practice of parts pairing, with debates increasingly centered around balancing safety and privacy concerns with empowering independent repair.

Meanwhile, the movement has continued to gain traction globally, supported by consumers who increasingly recognize the environmental and economic costs of constant upgrades promoted by OEMs and are choosing to upgrade their devices less often. Yet, restrictions imposed by OEMs on those seeking independent repair often still leave consumers with less choice, leading them to incur higher costs for authorized repair services and parts or replace their broken devices altogether.
R2R Policy Developments.

The ideal R2R policy framework should restrict OEMs from using software locks to prevent repair, or parts pairing, and encourage product design that features repairability in the first place. Beyond widening access to diagnostic tools and spare parts for independent repairers and consumers, several R2R laws, such as in Oregon and Colorado, explicitly restrict companies from using software locks to prevent repair – known as parts pairing. Most recently, the EU passed legislation that applies R2R to a wider range of consumer products including electronic devices. Australia passed its first R2R laws in 2021, which includes a mandatory data-sharing scheme to aid independent repairers, while India has launched an R2R portal and is preparing its own repairability index for mobile phones and electronic products.

In these jurisdictions, OEMs have scaled back on their restrictions to repair or are involved in consultations behind R2R policy developments, showcasing that the development of R2R frameworks can still balance industry concerns and interests with consumer protection. R2R promotes consumer choice and encourages independent repair, fostering healthy competition, improving the repair ecosystem at large, and generating greater trust amongst consumers – all of which also benefit OEMs in the long term.
As highlighted in the cases of the US and EU, robust R2R legislation does not necessarily compromise device security and privacy. On the contrary, a more open integration between authorized and independent repairers can foster and streamline collaboration in repair, including better education for independent repairers and consumers on the standards and guidelines needed to perform high quality repair. Engineering and technical capabilities of OEMs can also address concerns around security and privacy, as showcased by Google’s repair mode feature.

R2R Development in Thailand

While most countries do not have dedicated R2R laws yet, they likely already have a comprehensive set of consumer protection laws, with some countries enshrining e-waste legislation that may be interpreted to support a more consumer-centric approach to sustainable consumption. The culture of independent and informal repair is also ubiquitous in all regions. Southeast Asia is a case in point. Most countries in the region have consumer protection and e-waste legislation, as well as a strong economy of independent repair, that are conducive to the development of R2R-specific legislation.

Among these countries, Thailand has the potential to provide a supportive landscape for the development of R2R regulation, taking into account its existing consumer protection and sustainability policy frameworks, potential government interest and stakeholder support, and an active repair market and tradition. For one, the Thai government has begun drafting a ‘Lemon Law’ (the Defective Product Liability Bill) which for the first time introduces liability provisions for additional types of product defects beyond those associated with safety risks. As it stands, the proposed Lemon Law is not specific to repair but provides a potential framework on which R2R legislation can be developed.

Our September 2024 survey on the Thai device repair market, involving independent repair shops for mobile phones and digital devices and brand-authorized repair shops in Bangkok, reveals key challenges shared by independent repairers. These include limited access to repair information, tools, and parts; catching up with rapid technological advancements and training; reduced repair demand due to consumer preference for newer models and upgrades; OEM warranty policies; as well as competition from do-it-yourself (DIY) repairs attempted by consumers at home. There are some similarities and differences in the challenges experienced by small and authorized repair centers in Thailand. The survey also reveals shared challenges between independent and authorized repair shops despite their differing policies, including obtaining specialized tools and parts for more complex repairs as well as the limited availability and high costs for certain parts and tools, which discourage consumers from choosing repair over replacement. Respondents suggest that the government could do more to support a more robust R2R policy environment, including streamlining access to parts, standardizing pricing, providing government incentives, and promoting consumer education on repair benefits to support sustainability.

Key Recommendations

Despite Thailand’s notable move towards broadening access to repair through initiating the Lemon Law, the country’s legal framework for R2R remains fragmented and incomplete, leading to uncertainty in repair practices. Amid the various opportunities and challenges presented by R2R, the right policy approach and support are essential to improve Thailand’s R2R ecosystem.

Several vehicles to achieve a more comprehensive R2R policy framework in Thailand include:

• New legislation: Given the existing support for better repairability, sustainability, and consumer protection in Thailand, the government could draft a new legislation that directly enshrines R2R.
• Amendments to existing legislation: Policymakers could amend existing or draft legislation, such as the Lemon Law still in discussion, to include provisions that would support R2R.
• Banning restrictive practices such as parts pairing: Thailand can set an example to other countries in the region and beyond by banning restrictive practices such as parts pairing, especially given that it is one of the main limitations to repair faced by consumers and independent repairers.
• Public engagement on sustainable consumption and repair: Beyond legislating R2R, the government could promote a more robust R2R environment by encouraging sustainable consumption at large.
• Certification and support for repairers: The government could improve the overall quality of independent repairers by organizing training and certifications, potentially partnering with OEMs to train independent repairers on quality repairs and the importance of device security and privacy.

Beyond policy pathways, the Thai government and all stakeholders in the repair sector, including industry players and advocacy groups, can undertake supporting actions for an R2R policy framework:

• Enhance consumer access to repairs: Some ways include legally broadening access to repair tools, manuals, and documentations. Manufacturers should also be legally required to make spare parts, repair manuals, schematics, and diagnostic tools available to independent repair providers and consumers.
• Prevent OEMs from unfair repair practices: Thailand’s future R2R policy should explicitly constrain OEMs from imposing unfair anti-repair practices, such as parts pairing— the practice of using software barriers to impede consumers and independent repair shops from replacing components.
• Strengthen consumer protection laws: Legislation should explicitly provide consumers the right to repair their devices without voiding warranties, allowing them to use third-party repair services without repercussions. These protections could be included as part of the Lemon Law currently in drafting or be added as amendments to existing Consumer Protection laws such as the Product Liability Act 2008, which already addresses consumers’ right to seek repairs when the item is defective.
• Enhance repairability and longevity of devices: Thailand can encourage the integration of reparability as a design feature through several voluntary initiatives, including schemes for eco-labelling to signal repairability. Financial incentives, like tax breaks, could also be provided to OEMs that adopt repair-friendly designs and engage in Extended Producer Responsibility (EPR) programs.
• Ban planned obsolescence: R2R legislation should prevent planned obsolescence, an industry practice to maximize profits.
• Improve the repair sector: Reforms to the current repair sector will be needed, including standardizing repair standards and qualities, and educating OEMs to design products with repairability in mind.

About the Southeast Asia Public Policy Institute 

The Southeast Asia Public Policy Institute is a research institute based in Bangkok and Singapore, working across the region. Our mission is to support the development of solutions to the most pressing public policy challenges facing Southeast Asia in the 21st century. The Institute undertakes in-depth research to develop actionable policy solutions on a range of issues across sustainability, technology, public health, trade, and governance. We convene dialogues with stakeholders and decisionmakers to drive discussion on the challenges and opportunities facing markets across the region. The Institute draws on a network of in-market researchers, advisors, and partners to provide insights and recommendations for governments, policymakers, and businesses.