Centre To Stop Sites From Weaving ‘Dark Patterns’ To Mislead Buyers

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(Source: The Hindu, 09/08/2023)

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Why in the news?

• Recently, the Union government released the draft guidelines for the prevention and regulation of dark patterns on the Internet.
• According to a study by the Advertising Standards Council of India (ASCI), 29% of the ads published on social media by influencers between 2021 and 2022 had misleading dark patterns.

What do the guidelines released by the Ministry on dark patterns say?

• The draft guidelines issued by the Union Ministry of Consumer Affairs define dark patterns as deceptive practices or design patterns that use user interface or user experience interactions on any platform to mislead or trick users into doing something they originally did not intend or want to do.
  • Dark patterns amount to misleading advertisements or unfair trade practices or a violation of consumer rights.
  • It works by subverting or impairing the autonomy of the consumer.
• The guidelines also specify specific types of dark patterns such as forced action, drip pricing, bait and switch, etc.
• The Ministry has also stated that the guidelines will be applicable to all online platforms and persons including sellers and advertisers who are prohibited from engaging in dark patterns.
• Any person or platform will be considered to be engaging in a dark pattern if it engages in any practice specified in the guidelines.
• In cases where dark patterns are regulated by other laws or rules, the provisions of the guidelines will act in addition to them.
• The guidelines state that the decision of the Central Consumer Protection Authority will be final in case of any ambiguity or dispute in interpreting the guidelines.
• In case any of the guidelines are contravened, the provisions of the Consumer Protection Act, 2019 will be applicable.

What are the different types of dark patterns mentioned in the guidelines?

• False Urgency: This is a strategy in which time pressure or scarcity is used to push consumers into making a purchase or taking a specific action.
  • This can be done by showing false popularity of a product or service or stating that the quantities of a product are more limited than they are to manipulate user decision;
  • E.g.: False claims to promote consumer urgency like “Only 2 rooms left! 30 others are looking at this right now.”
• Basket Sneaking: This refers to the use of manipulative design patterns by websites or apps to add extra items or services to a user's shopping cart without their explicit consent.
  • This does not include complementary samples, free samples, and necessary charges like delivery fees which are explicitly mentioned to consumers.
  • E.g.: Automatic addition of travel insurance when purchasing a flight ticket.
• Subscription Traps: This refers to tactics that make it easy for consumers to sign up for a service but intentionally difficult for them to cancel.
  • Concealing the cancellation option
  • Ambiguous or complex cancellation process.
  • Forcing users to provide payment details for auto-debits to avail of free subscriptions.
• Confirm Shaming: This involves the use of guilt or criticism via phrases, videos, or audio to manipulate consumers into acting a certain way by making them feel ashamed for not conforming.
  • E.g.: Phrases like “I will stay unsecured” when not including insurance while purchasing vehicles
• Forced Action: It is the act of coercing consumers into taking an action they may not desire, such as signing up for a service in order to access content or functionality.
  • E.g.: Forcing users to subscribe to a newsletter in order to purchase a product.
• Nagging: It refers to persistent and annoyingly repetitive criticism, complaints, or requests for action that are aimed at pressuring consumers into taking a specific course of action.
  • E.g.: Constant request to turn on notifications with no option to say “NO”.
• Interface Interference: It is a tactic as a part of which consumers find it difficult to perform certain actions, like canceling a subscription or deleting an account, by deliberately creating obstacles or confusion in the user interface.
  • E.g.: Designing a light-colored option to select “No” in response to a pop-up asking a user if they wish to make a purchase
• Bait and Switch: It involves advertising a particular product or service but delivering something different, often of lower quality, deceiving consumers who were attracted by the initial offer.
  • E.g.: Sellers offering quality products at a cheap price but when the consumer is about to pay, the seller states that the product is no longer available and instead offers a similar-looking but more expensive product.
• Disguised Ads: This refers to posing or masking advertisements as other types of content such as user-generated content or new articles or false advertisements.
• Hidden Costs: This is a strategy in which additional expenses are intentionally hidden from consumers until they are already committed to making the purchase purchase, leading to unexpected or higher costs.

What are the concerns associated with dark patterns?

• Concerns have been raised about the use of "dark patterns" in online platforms and the threat they pose to consumer autonomy and consumer interests.
• These patterns can include tactics such as creating false urgency, adding products to the shopping cart without consent (basket sneaking), subscription traps, and hiding additional costs.
• These practices exploit consumers' interests and violate their rights, constituting unfair trade practices under Section 2(9) of the Consumer Protection Act.
• The increasing popularity of e-commerce in India makes it crucial to ensure that online platforms do not engage in these practices, which can have harmful consequences for consumers.
• The government has also urged social media influencers to clearly disclose when their content is promotional in nature.

Impact of Dark Patterns

• User Manipulation: Dark patterns exploit cognitive biases and behavioral psychology to manipulate users into making decisions they may not have otherwise made.
  • This undermines user autonomy and leads to undesirable outcomes.
• Unintended Purchases or Subscriptions: Dark patterns are used by e-commerce websites to trick users into making unintended purchases or subscribing to services.
• Privacy Concerns: Dark patterns are used to obtain users' personal information and consent for data collection without their full understanding by obfuscating privacy settings, and making it difficult to unsubscribe from marketing emails.
  • As a result, users unintentionally share more personal data than necessary.
• Ethical Concerns: Dark patterns exploit users' vulnerabilities for business profits, which is unethical.
  • This can damage a company's reputation and lead to legal proceedings if any consumer protection laws or regulations are regulated.
• Regulatory Response: Regulatory bodies have been forced to take action as a result of the spread of dark patterns.
  • Governments and consumer protection agencies are increasingly scrutinizing the use of deceptive design practices and introducing legislation and regulations to curb these violations of user rights.

Way Forward

• The Advertising Standards Council of India (Asci) will collaborate with the Department of Consumer Affairs to establish self-regulatory guidelines.
• These guidelines will require businesses to create communication and systems that respect user autonomy, improve transparency, and encourage well-informed choices.

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FAQs

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Question: With reference to consumers' rights/ privileges under the provisions of law in India, which of the following statements is/are correct? (UPSC CSE 2012)

1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of the death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Question: The terms 'WannaCry, Petya, and Eternal Blue' sometimes mentioned in the news recently are related to (UPSC CSE 2018)

(a) Exoplanets

(b) Cryptocurrency

(c) Cyber attacks

(d) Mini satellites