Dark Pattern

Dark Patterns Latest News

The Union Minister for Consumer Affairs, Food, and Public Distribution recently instructed all e-commerce companies to conduct self-audits to analyse and eliminate dark patterns to comply with consumer protection regulations.

About Dark Patterns

• It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take. 
• The term “dark pattern” was coined in 2010 by UK-based user experience designer Harry Brignull. 
• Dark patterns exploit cognitive biases and psychological principles to influence user behavior.
• They can range from subtle and mildly misleading to overtly aggressive tactics.
• The practice is seen across a wide range of sectors, from retail to travel, health to social media.
• One frequent example is the “sneak into basket” design, where an additional item is quietly added to a user’s online shopping cart without explicit consent. 
• Another common tactic is presenting a large, brightly coloured “Accept” button for cookies or subscriptions, while hiding or minimising the “Reject” option.
• These interface choices are not accidental, they are calculated to guide users towards choices that benefit the company, often at the consumer’s expense.
• Dark patterns can also take the form of hidden costs that only appear at the final stage of checkout. 
• Regulation:
  • In many countries, including India, there is no dedicated law that explicitly outlaws the practice. 
  • For instance, under India’s Consumer Protection Act, 2019, unfair trade practices are prohibited but enforcement depends on proving that a pattern is deceptive, intentional, and has caused harm. 
  • This is often difficult in digital contexts, where user interaction is rapid.
  • In November 2023, the Department of Consumer Affairs, Government of India, released guidelines for 13 dark patterns.
  • According to these guidelines, the use of any of these prescribed dark patterns amounts to a misleading advertisement, an unfair trade practice, or a violation of consumer rights.

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Dark Patterns FAQs

Q1: What are dark patterns?

Ans: It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take. 

Q2: What is a dark pattern example?

Ans: Examples of dark patterns include: Misdirection: Highlighting irrelevant features to obscure critical details. Roach Motel: Making it easy to sign up but almost impossible to cancel.

Q3: Why is it difficult to enforce regulations against dark patterns in digital contexts?

Ans: Proving deception, intent, and harm is challenging given rapid interactions.

Source: NIE