Dark patterns pose a growing concern in India’s digital landscape

Dark patterns in digital design manipulate user behavior, prompting regulatory action and ethical considerations for businesses and consumers.

In recent years, as the digital landscape continues to expand, websites and apps have become integral to daily lives. However, a troubling trend has emerged alongside this growth: Dark patterns. The deceptive design practices are used to manipulate users into making decisions they might not otherwise make, such as signing up for unwanted services or sharing personal information. By exploiting human psychology and clever design, dark patterns benefit companies at the expense of consumers.

This issue is particularly pressing within India’s rapidly-growing e-commerce sector, expected to reach a market size of 350 billion by 2030. The growth is driven by increased Internet and smartphone penetration, with about 936.16 million Internet subscribers and 350 million mature online users actively engaging in transactions.

As online shopping becomes more prevalent, dark patterns are increasingly used to manipulate user decisions, exploiting the surge in digital activity.

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, leading to practices that prioritise manipulation over genuine long- term user engagement. The practices fall under ‘unfair trade practices’ category under Consumer Protection Act, 2019.

Recognising the gravity of the issue, the Department of Consumer Affairs, on November 30, 2023, issued ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’ under the Consumer Protection Act, 2019, identifying 13 common dark patterns prevalent in e-com applications and websites.

Beyond specific guidelines, there have been significant developments in the international space to regulate dark patterns. 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. 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.

Dark patterns pose a significant ethical challenge by manipulating consumer behaviour, undermining transparency and user autonomy. The tactics exploit psychological tendencies, leading users to actions that benefit firms rather than fostering fairness. By using misleading information, hidden fees, or confusing navigation, dark patterns break the expectation of honest interactions, making it hard for users to make informed choices. This not only harms users but also risks damaging the reputation of businesses, leading to lower customer loyalty, higher turnover, and negative word-of-mouth, ultimately hurting the firm’s brand and competitiveness.