Growing Concern of Dark Patterns in India’s Digital Landscape

Syllabus: GS3/ Economy

Context

• In recent years, as the digital landscape expands, a troubling trend of dark patterns have emerged, manipulating users on websites and apps.

What are dark patterns?

• Dark patterns are deceptive tactics used by online platforms to mislead customers and prevent them from making right choices.
  • By exploiting human psychology and clever design, dark patterns benefit companies at the expense of consumers.
• Common dark patterns include creating a false sense of urgency to rush users into making purchases, hiding subscription cancellations deep within websites, and using confusing language to mislead users. 
• The tactics are unethical and undermine the integrity of the design process. The practices fall under ‘unfair trade practices’ category under Consumer Protection Act, 2019.

Dark Patterns menace in India’s Digital Landscape

• India’s e-commerce market is projected to reach $350 billion by 2030, driven by rising Internet access, with 936 million Internet subscribers and 350 million active online users.
  • The fierce competition in this space pressures businesses to exploit manipulative tactics to gain an edge.
• Exploitation of User Psychology: Dark patterns take advantage of cognitive biases and emotional triggers, such as fear of missing out (FOMO) or urgency, to manipulate user behavior.
• Lack of Oversight: There is limited regulation around digital design ethics, allowing companies to use manipulative techniques without significant legal repercussions.
• Consumer Vulnerability: With an increasing number of first-time users engaging in digital services, especially in developing markets, there is a knowledge gap that dark patterns exploit.
• Complex User Interfaces: Many websites and apps deliberately design complex user interfaces that obscure important information.

Concerns of Drak patterns

• Erosion of Trust: Dark patterns violate the fundamental expectation of honest and transparent interactions between businesses and consumers. Over time, this damages the perceived integrity of digital platforms.
• Damage to Brand Reputation: In the long term, businesses risk severe damage to their reputation and hinder their ability to attract and retain customers.
• Scrutiny and Legal Risks: With increasing attention from regulatory bodies, companies using dark patterns face potential legal consequences.

Initiatives taken by India

• The Central Consumer Protection Authority (CCPA) has notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023, under section 18 of the Consumer Protection Act, 2019.
  • The guidelines have a list of 13 specified dark patterns. These are: false urgency; basket sneaking; confirm shaming; forced action; subscription trap; interface interference; bait and switch; drip pricing; disguise advertisement; nagging; trick question; Saas billing; and rogue malwares.
  • The guidelines will apply to all platforms, systematically offering goods or services in India; advertisers and sellers. 
• The Consumer Protection (E-commerce) Rules, 2020, prohibits e-commerce entities from indulging in unfair trade practices.
• The Digital Personal Data Protection Act, 2023, states the requirement of free and unambiguous consent of individuals prior to the processing of their personal data.

Global initiatives

• In the European Union, regulations such as the Digital Services Act (DSA), General Data Protection Regulation (GDPR) and the Unfair Commercial Practices Directive (UCPD) address the concerns of Dark patterns.
• In the United States, various States have introduced legislation to combat dark patterns, including the California Privacy Rights Act, the Connecticut Data Privacy Act, and Colorado Privacy Act.

Way Ahead

• Adopting a User-First Approach: To address the issue businesses must prioritize user experience by regularly reviewing and improving their interfaces to eliminate dark patterns. This includes:
  • Ensuring transparency in subscription terms,
  • Providing easy opt-out options and
  • Offering clear and straightforward instructions for canceling services.
• Educating designers and developers on ethical design practices is essential for responsible innovation. This approach encourages the creation of interfaces that are clear and functional.
• Regulatory authorities must step in to protect consumers by setting clear rules around ethical digital practices such as mandatory disclosures, penalties for non-compliance, and regular audits. 
• User Advocacy Groups play a vital role in raising awareness about dark patterns by educating consumers about their rights, helping identify and report dark patterns and collaborating with businesses to uphold best practices. 
• Technological solutions like browser extensions and plug-ins further empower users by detecting and warning against potential dark patterns, thereby increasing consumer awareness and confidence in safely navigating digital platforms.

Source: TH