Government issues statement on ‘Dark Patterns’ in e-commerce
The Indian government has announced that 26 major e-commerce platforms have confirmed they do not use “dark patterns” on their websites or apps. Dark patterns are deceptive design techniques intended to trick users into taking actions they might not otherwise choose. Such practices are considered unfair trade practices under Indian law, and the government is actively working to curb them.
The 26 platforms include well-known names such as Zepto, Zomato, Swiggy, JioMart, and BigBasket.
Dark patterns are deliberately designed interfaces on digital platforms that influence users to take unintended actions. For example, they may push users into making unnecessary purchases, paying more than intended, or subscribing to services they don’t want. The term “dark patterns” was coined in 2010 by user experience researcher Harry Brignull. In India, these practices are considered illegal under consumer protection laws.
To tackle these deceptive designs, the Ministry of Consumer Affairs issued guidelines in 2023 to prevent and control dark patterns. Violating these guidelines may result in action under the Consumer Protection Act, 2019, including significant fines imposed by the Central Consumer Protection Authority (CCPA).
*Common types of Dark Patterns
Some typical examples found on e-commerce platforms include:*
• False urgency: Messages like “This offer ends in 5 minutes!” or “Only 10 people left” create a sense of scarcity or time pressure, prompting impulsive purchases.
• Forced action: Requiring users to download an app or subscribe to a newsletter to complete a purchase.
• Hidden costs: Displaying a low price upfront but adding extra charges like shipping or processing fees at checkout.
• Basket snooping: Showing messages like “5 people booked this hotel room in the last hour” to create the impression that others are actively buying the product.
These tactics can harm users financially and negatively affect their online experience.
*How to avoid Dark Patterns
Consumers can protect themselves by following these tips:*
• Avoid impulse decisions: Don’t rush when you see messages like “Hurry! Only 2 left” or “X people are viewing this.” Decide based on your actual needs, not the artificial urgency.
• Check checkout carefully: Look for unexpected extra charges and uncheck automatically selected options such as donations, insurance, or add-ons.
• Review subscription policies: Before starting free trials or subscriptions, understand the cancellation process. Some services make signing up easy but make cancellation complicated.
• Manage privacy settings: Check default privacy or newsletter settings and manually opt out if needed. Small or hidden buttons may be deliberately confusing.
• Be cautious on mobile apps: Watch out for pop-ups or interstitial ads that are tricky to close. Ensure you click the correct “close” button to avoid being redirected.
Where Dark Patterns are common
• E-commerce platforms: Amazon, Flipkart, Myntra, JioMart - examples include false scarcity messages or extra fees added at checkout.
• Food & grocery delivery apps: Zomato, Swiggy, Zepto, BigBasket - e.g., high default tips, promoting high-commission items as “recommended.”
• Travel & hotel booking sites: MakeMyTrip, Agoda, Goibibo, Booking.com - e.g., showing how many others viewed a room recently, or adding extra charges at the last step.
• Social media & content platforms: Facebook, Instagram, YouTube - complicated privacy settings may force users to share more data than intended.
• Mobile apps & software subscriptions: Gaming or media apps - easy sign-up but complicated cancellation, often charging automatically after free trials.
As dark patterns become more common in the digital world, consumers need to stay alert. While the government has issued guidelines to prevent such deceptive designs, users themselves must learn to recognize tactics like false urgency, hidden costs, and tricky subscription cancellations. By carefully checking each step of online purchases and protecting personal data, consumers can safeguard themselves against digital scams.