New guidelines soon against ‘dark patterns’ in e-commerce

Concerned over the increasing ‘dark patterns’ of misleading advertisements, creating false urgency, confirm-shaming, forced action, subscription traps and nagging on online platforms, the Union Consumer Affairs Ministry has decided to issue specific guidelines to control it.

Concerned over the increasing ‘dark patterns’ of misleading advertisements, creating false urgency, confirm-shaming, forced action, subscription traps and nagging on online platforms, the Union Consumer Affairs Ministry has decided to issue specific guidelines to control it.

Speaking to reporters here on June 30, Secretary of the Ministry, Rohit Kumar Singh, urged consumers to flag such manipulative online practices on the National Consumer Helpline (NCH) by calling ‘1915’ or through a WhatsApp message to 8800001915. He asked online platforms to refrain from adopting ‘dark patterns’ harming consumer interest.

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Mr. Singh said several governments across the globe have defined ‘dark patterns’ and brought in strict laws against them. He said the provisions of the Consumer Protection Act are enough to curb it, but said the Centre will bring specific guidelines as the menace has increased along with the expansion of the Internet in the country.

He said ‘dark patterns’ distort consumer autonomy using a design architecture that tricks or influences consumers to make choices not in their best interest. Mr. Singh also wrote a letter to all major online platforms advising them not to engage in ‘unfair trade practices’ by incorporating ‘dark patterns’ in their online interface to manipulate consumer choice and violate consumer rights as enshrined under Section 2(9) of the Consumer Protection Act.

Tactics such as false urgency which creates a sense of urgency or scarcity to pressure consumers into making a purchase or taking an action and basket sneaking, the technique to add additional products or services to the shopping cart without user consent are used widely to lure customers. Subscription traps, the tactic that makes it easy for consumers to sign up for a service but difficult for them to cancel it, and hiding additional costs, particularly by travel and tourism websites, have also come under the Ministry’s radar. Mr. Singh said using ‘dark patterns’ in online interfaces unfairly exploits consumers’ interest and constitutes ‘unfair trade practice’ under the present laws.

“With growing penetration of Internet and rising smartphone usage in India, consumers are increasingly choosing e-commerce as the preferred mode of shopping. In such a scenario, it is essential that online platforms do not indulge in ‘unfair trade practices’ by incorporating ‘dark patterns’ which result in a harmful or undesirable outcome for the consumer,” he added. Mr. Singh said the Centre had recently asked social media influencers to specifically show if their content is a promotion.