In recent times, the Ministry of Consumer Affairs, Food and Public Distribution of the Government of India has set up a 17-member task force. The main goal of this team is to develop guidelines that offer consumer protection against a prevalent e-commerce issue known as Dark Patterns. The Ministry has begun categorizing complaints made to the National Consumer Helpline to compile a database of Dark Pattern occurrences. This information can then be utilized by the Central Consumer Protection Authority to initiate action under the Consumer Protection Act, 2019.
Understanding Dark Patterns
Dark patterns, otherwise known as deceptive patterns, are tactics employed mainly by websites and apps to mislead users into performing unwanted actions or to dissuade behaviors that don’t benefit the companies. User experience designer Harry Brignull coined this term in 2010. Dark patterns often leverage human cognitive biases and use techniques such as false urgency, forced actions, and hidden costs. These can vary from overt scams to subtle ploys that users may not immediately notice.
Identified Types of Dark Patterns
The Consumer Affairs Ministry has identified nine specific types of dark patterns used mainly in e-commerce. These include False Urgency, Basket Sneaking, Confirm Shaming, Forced Action, Nagging, Subscription Traps, Bait & Switch, Hidden Costs, and Disguised Ads. Each type has its unique way of pressuring consumers into actions they did not initially intend to undertake or creating conditions that profit the companies at the expense of users.
The Consequences of Dark Patterns
The use of dark patterns greatly compromises the internet experience for users. The most severe consequences involve making users more susceptible to financial exploitation and data misuse by prominent tech companies. Dark patterns confuse end-users, introduce online barriers, complicate simple tasks, trick users into signing up for unwanted services/products, and coerce them into paying more money or sharing more personal information.
The Use of Dark Patterns by Big Tech Firms
Dark patterns are regularly employed by large tech firms and social media corporations, including Apple, Amazon, Skype, Facebook, LinkedIn, Microsoft, and Google. These companies intentionally downgrade the user experience to their advantage. For example, Amazon has been criticized for its complicated, multi-step cancellation process for Amazon Prime memberships.
Global Actions Against Dark Patterns
Several global movements are underway to combat the use of dark patterns. For instance, California in the US updated its California Consumer Privacy Act in March 2021 to ban dark patterns that prevented consumers from exercising their privacy rights. Meanwhile, the UK issued guidelines in April 2019 that were later enforceable under the Data Protection Act, 2018. These guidelines limit the ability of companies to use manipulative tactics to trap underage users into low privacy settings.
A Step Ahead: The Task Force
The Indian Government aims to halt deceptive practices and protect user interests by launching a specific task force and developing guidelines. This move is in line with similar efforts made by countries like the UK and the US. It is particularly important to ensure that users are capable of identifying dark patterns and are aware of how to avoid these manipulative tactics implemented by websites and apps.
