(THE GIST OF PIB) Dark Patterns

(MAY-2025)

The Union Minister for Consumer Affairs, Food, and Public Distribution recently instructed all e-commerce companies to conduct self-audits to analyse and eliminate dark patterns to comply with consumer protection regulations.

It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take.
The term "dark pattern" was coined in 2010 by UK-based user experience designer Harry Brignull.
Dark patterns exploit cognitive biases and psychological principles to influence user behavior.
They can range from subtle and mildly misleading to overtly aggressive tactics.
The practice is seen across a wide range of sectors, from retail to travel, health to social media.
One example is the "sneak into basket" design, where an additional item is quietly added to a user's online shopping cart without explicit consent.
Another common tactic is presenting a large, brightly coloured "Accept" button for cookies or subscriptions, while hiding or minimising the "Reject" option.
These interface choices are not accidental, they are calculated to guide users towards choices that benefit the company, often at the consumer's expense.
Dark patterns can also take the form of hidden costs that only appear at the final stage of checkout.

In many countries, including India, there is no dedicated law that explicitly outlaws the practice.
For instance, under India's Consumer Protection Act, 2019, unfair trade practices are prohibited but enforcement depends on proving that a pattern is deceptive, intentional, and has caused harm.
This is often difficult in digital contexts, where user interaction is rapid.
In November 2023, the Department of Consumer Affairs, Government of India, released guidelines for 13 dark patterns.
According to these guidelines, the use of any of these prescribed dark patterns amounts to a misleading advertisement, an unfair trade practice, or a violation of consumer rights.