Centre’s Guidelines to Combat Dark Patterns in Online Platforms

The Consumer Protection Act, 2019, takes a significant step towards protecting consumers from deceptive practices employed by online platforms with the introduction of the Guidelines for Prevention and Regulation of Dark Patterns in 2023. Issued by the Consumer Protection Authority (CCPA), these guidelines, effective immediately, apply to all platforms offering goods or services in India.

Understanding Dark Patterns

Dark patterns are tactics used by online platforms to mislead consumers and manipulate their choices. The guidelines define dark patterns as deceptive design patterns in user interfaces or experiences that are designed to mislead or trick users into unintended actions, impairing consumer autonomy and violating consumer rights.

Prohibitions and Specified Dark Patterns

The guidelines explicitly prohibit any engagement in dark pattern practices. Annexure-1 of the guidelines outlines 13 specified dark patterns, including:

1. False Urgency: Creating a false sense of urgency or scarcity to prompt immediate user actions.
2. Basket Sneaking: Inclusion of additional items at checkout without user consent, increasing the total payable amount.
3. Confirm Shaming: Using fear, shame, or guilt to nudge users into specific actions for commercial gains.
4. Forced Action: Forcing users into actions requiring additional purchases or subscriptions unrelated to their original intent.
5. Subscription Trap: Making cancellation of paid subscriptions difficult or ambiguous, or compelling users to provide payment details for free subscriptions.
6. Interface Interference: Manipulating user interfaces to highlight specific information and obscure relevant details.
7. Bait and Switch: Advertising one outcome but delivering a deceptive alternate outcome.
8. Drip Pricing: Hiding elements of prices, revealing them post-purchase confirmation, or advertising a free product with undisclosed in-app purchases.
9. Disguised Advertisement: Masking advertisements as user-generated content or articles to blend with the interface.
10. Nagging: Repeated and persistent interactions disrupting users to facilitate transactions and commercial gains.
11. Trick Question: Deliberate use of confusing language to misguide users.
12. Saas Billing: Generating recurring payments in a software-as-a-service (SaaS) model.
13. Rogue Malwares: Using ransomware or scareware to mislead users and install malware on their devices.

Month: Current Affairs - December, 2023

Category: India Nation & States Current Affairs