Dark Patterns
Context and Objective
- A high-level meeting was held by the Department of Consumer Affairs, chaired by Union Minister Shri Pralhad Joshi, to address dark patterns in digital commerce.
- Objective: To eliminate deceptive design practices that mislead consumers on e-commerce platforms.
Relevance : GS 2(Governance) ,GS 3(Technology)
What is a Dark Pattern?
A dark pattern is a deceptive user interface design that is intentionally created to trick or manipulate users into doing something they did not intend to do—such as:
- Making unintended purchases
- Signing up for unwanted services
- Sharing personal data
- Clicking on misleading links
These patterns exploit cognitive biases, reducing user autonomy and often violating consumer rights.
Key Characteristics of Dark Patterns:
- Manipulative: Designed to benefit the platform, not the user
- Non-transparent: Hides key information or choices
- Coercive: Pressures users into actions (e.g., “confirm shaming”)
- Persistent: Hard to exit or undo actions
Examples of Dark Patterns:
| Dark Pattern Type | Example |
| Sneak into Basket | Adding items to cart without user consent |
| Confirm Shaming | Using guilt to discourage opt-out (“No, I hate discounts!”) |
| Forced Continuity | Auto-renewing subscriptions without clear consent |
| Hidden Costs | Revealing charges only at the final payment step |
| Trick Questions | Confusing wording to get unintended answers |
| Roach Motel | Easy to sign up, hard to cancel services |
| Nagging | Constant pop-ups to nudge action |
Legal Status in India:
- Recognized and prohibited under Guidelines for Prevention and Regulation of Dark Patterns, 2023.
- Enforced under the Consumer Protection Act, 2019 by the Central Consumer Protection Authority (CCPA).
- 13 types of dark patterns officially identified and banned.
Key Highlights
- The Minister declared that modern consumers are vigilant and aware; they won’t tolerate deceit.
- Guidelines for Prevention and Regulation of Dark Patterns (2023) were developed through wide stakeholder consultations and now require full compliance.
Ministerial Directions
- All e-commerce platforms must:
- Conduct self-audits to identify and remove dark patterns.
- Comply proactively without waiting for CCPA intervention.
- Align internal governance with the issued guidelines.
- The Minister stressed the importance of trust-building with consumers.
Technology & Tools Launched
- Developed in collaboration with IIT-BHU after the Dark Patterns Buster Hackathon 2023:
- Jagriti App: Allows users to report dark patterns and flag suspicious sites.
- Jago Grahak Jago App: Shields users from malicious platforms, provides real-time safety scores.
- Jagriti Dashboard: Analytical tool to monitor dark pattern trends and reports under CCPA.
Regulatory Framework & Guidelines
- Consumer Protection (E-Commerce) Rules, 2020 underpin the Department’s regulatory stance.
- 13 specific dark patterns identified and banned under the 2023 Guidelines.
- India is the first country globally to frame dedicated dark pattern guidelines under its Consumer Protection Act, 2019.
Closing Remarks and Call to Action
- Government reiterated its pro-consumer digital policy.
- Emphasis on collaborative implementation with industry, academia, and civil society.
- The initiative aims for a transparent, ethical, and consumer-friendly digital market.
