Deceptive Patterns
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Let there be light: our submissions on the Consumer Affairs Ministry’s draft Dark Patterns Guidelines

Author
Disha Verma & Prateek Waghre
Date
10 Oct 2023
Publisher
internetfreedom.in
Focus
Law & Policy
Category
Journalist or Media

. @jagograhakjago has released draft Guidelines on the Prevention & Regulation of Dark Patterns. While a good start, there’s room to address consumer privacy and enhance feedback mechanisms. Check out our submissions

Dark patterns are deceptive UI designs that benefit an online service like websites or apps by influencing users into making decisions they might not otherwise make. They are all around us – from your preferred food delivery app to popular news websites, nearly every online service is using some form of deception or user manipulation to expand on their profits. These subtle (or in-your-face) design or advertising tricks subvert or impair user autonomy, influence decision making, and work to the detriment of the user.

In many contexts, dark patterns can amount to misleading advertisements, unfair trade practice or a violation of your consumer rights. To this end, the Ministry has taken up the mandate to regulate dark patterns in consumer interest. These guidelines aim to protect and enhance consumer experience on apps and websites by classifying dark patterns as contraventions under the Consumer Protection Act, 2019. In the near future, there may be opportunities to engage with the Guidelines through public consultations or consumer feedback – we urge you to participate and make your voices heard. Until then, we at IFF have attempted to capture your concerns in our submissions.