Prevalence of Dark Patterns in the Online Space: A Threat to User Experience

The Indian Department of Consumer Affairs (DoCA) and Advertising Standards Council of India (ASCI) have collaborated to host a stakeholder consultation on the prevalence of dark patterns, or manipulative practices, in the online space. Various types of dark patterns were identified, including urgency tactics, basket sneaking, confirm shaming, forced action, nagging, subscription traps, interface interference, bait and switch, hidden costs, and disguised ads. The increasing use of these deceptive practices in eCommerce and other online modes resulted in the joint effort to address consumer rights and well-informed decision-making. The stakeholders recognized that dark patterns threaten consumer autonomy and choice, leading to unintended purchases, addiction and overuse, and privacy violations. The consultation sought to raise awareness and promote industry self-regulation to counter dark patterns. It was agreed that the industry must develop a self-regulatory framework to protect consumers’ interests and include all sectors. Various suggestions were presented, including encouraging users to report instances of dark patterns, educating small and medium scale MSME merchants, and equipping users with tools and resources to detect and block dark patterns. The consultation was attended by industry stakeholders and top executives from eCommerce platforms such as Flipkart, Zomato, Amazon, Meta, Google, MakeMyTrip, Yatra, Snapdeal, Uber, Ola, Big Basket, Meesho, Pharmeasy, Tata 1mg, and Shiprocket. It marked a crucial step forward in addressing the challenges posed by dark patterns and promoting consumer safety and trust in brands and advertising.