Government Seeks Public Input on Measures to Curb Deceptive Online Practices
In a bid to protect the interests of consumers in the digital age, the Department of Consumer Affairs, Government of India, has opened up a public consultation on Draft Guidelines for the Prevention and Regulation of Dark Patterns. These guidelines are aimed at addressing various deceptive practices employed by online platforms, often referred to as dark patterns, which are detrimental to consumers.
The draft guidelines have been formulated following extensive consultations with a wide range of stakeholders, including e-commerce platforms, law firms, government bodies, and voluntary consumer organizations. A pivotal stakeholders’ consultation on “Dark Patterns” was held on June 13, 2023, which featured the participation of key industry players such as the Advertising Standards Council of India (ASCI), various e-commerce platforms, law firms, and more. During this meeting, there was unanimous agreement that dark patterns posed a significant concern and necessitated proactive measures.
Subsequently, on June 28, 2023, the Secretary of the Department of Consumer Affairs sent a letter to e-commerce companies, industry associations, and participants of the stakeholder consultation, urging them to refrain from incorporating any designs or patterns on their online interfaces that might deceive or manipulate consumer choices, falling into the category of dark patterns. This advisory strongly emphasized that online platforms should avoid engaging in “unfair trade practices” by incorporating dark patterns that manipulate consumer choice and infringe upon “consumer rights” as defined in Section 2(9) of the Consumer Protection Act, 2019.
In response to the growing concerns around dark patterns, a Task Force was established, comprising representatives from industry associations, ASCI, NLU’s, VCO’s, and major e-commerce platforms, including Google, Flipkart, RIL, Amazon, Go-MMT, Swiggy, Zomato, Ola, Tata CLiQ, Facebook, Meta, Ship Rocket, and Go-MMT. The Task Force convened five meetings to collect input for the draft policy, which were then submitted to the Department of Consumer Affairs.
Based on these deliberations and the draft guidelines provided by the Task Force, the Department of Consumer Affairs has now released the Draft Guidelines for the Prevention and Regulation of Dark Patterns for public consultation. These proposed guidelines fall under section 18 (2) (l) of the Consumer Protection Act 2019.
The draft guidelines define dark patterns as deceptive design patterns using UI/UX interactions on any platform, designed to mislead users into taking actions they did not originally intend to do, thus amounting to misleading advertisements, unfair trade practices, or violations of consumer rights. The guidelines specify various types of dark patterns, including “False Urgency,” “Basket Sneaking,” “Confirm Shaming,” “Forced Action,” “Subscription Trap,” “Interface Interference,” “Bait and Switch,” “Drip Pricing,” “Disguised Advertisement,” and “Nagging.”
These guidelines will be applicable to all individuals and online platforms, including sellers and advertisers. To provide greater clarity, the draft guidelines define and illustrate specific dark patterns with examples. Their primary objective is to identify and regulate practices that manipulate or alter consumer choices through deceptive or misleading techniques or manipulated web designs. In essence, the proposed guidelines aim to oversee practices that are detrimental to consumer interests.
The Department of Consumer Affairs is committed to safeguarding consumer interests and promoting a fair and transparent marketplace, particularly in the ever-expanding digital landscape. These proposed guidelines are expected to bolster the industry’s integrity and protect consumer rights.
For more details and to access the new guidelines, visit the link: Draft Guidelines for Prevention and Regulation of Dark Patterns 2023.
