Increased time spent by users in virtual environments globally coupled with the choice architectures created by artificial intelligence (AI) systems within these virtual environments means that the AI systems can ‘persuade’ users to take certain actions or abstain from them. In this article, we address this issue through the lens of ‘dark patterns’. Dark patterns are features of the user interface that shape the actions of the users in different ways, getting them to act in ways that they might not act otherwise and that are not necessarily beneficial for them. Recently, regulatory action has been undertaken in various jurisdictions to contain the menace of dark patterns, including in India.
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Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law
It is argued that laws pertaining to unfair trade practices, transparency and labelling obligations are not sufficient to deal with dark patterns, as AI-powered dark patterns work at a deep level of behavioural change, making users’ choices appear uninfluenced by manipulation.