The online shopping portals use various means to nudge the consumers to buy more, or often manipulate their choices. Sounds familiar; This is done by introducing certain changes in the design pattern of the online platforms. Such malicious design changes are called dark patterns.
Now, with an aim to safeguard consumer interests against the deceptive practices adopted by online shopping platforms, the Centre has come out with draft guidelines to curb these ‘dark patterns.’ Dark patterns refer to the design or pattern in the online interface in order to trick the consumers or manipulate their choice.
The government has advised online platforms to not engage in ‘unfair trade practices’ by incorporating dark patterns in their online interface, to manipulate consumer choice and violate ‘consumer rights’, as enshrined under Section 2(9) of the Consumer Protection Act, 2019.
The draft was readied following the Department of Consumer Affairs’ consultations with various stakeholders in June this year. Subsequently, a task force was formed with representatives drawn from industry associations, advertising council, national law university, and various e-commerce platforms including Google, Flipkart, RIL, Amazon, Go-MMT, Swiggy, Zomato, Ola, Tata CLiQ, Facebook, Meta, Ship Rocket and Go-MMT.
According to the draft guidelines released, ‘Dark patterns’ are defined as any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users to do something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisement or unfair trade practice or violation of consumer rights. Any violations will be covered under the consumer protection act.