Govt tells e-commerce firms to audit dark patterns, submit yearly reports

DoCA directs e-commerce platforms to conduct annual dark pattern audits and file reports, as govt plans stricter oversight and collaborative enforcement

The government on Wednesday asked e-commerce platforms to conduct annual internal audits to make sure that they are not resorting to manipulative tactics to mislead consumers and prevent them from making right choices -- a technique commonly referred to as dark pattern -- and submit reports to the Department of Consumer Affairs (DoCA).

 

It comes just a week after Uber was issued a notice by the Central Consumer Protection Authority (CCPA) over its “advance tip” feature. And a day later, on Thursday, Consumer Affairs Minister Pralhad Joshi said that the government was also probing other apps like Ola and Rapido.

 

On Wednesday, Union Minister Joshi held a meeting with more than 50 e-commerce players on the issue.

 

He said that the ministry will also form a joint working group along with stakeholders to look into the use of dark patterns.

 

“These are deliberate actions by platforms and the usage is not happening on a small scale. We have asked platforms for full compliance with issued guidelines, and to also ensure that no third-party merchants on their platforms use these patterns that can make a consumer feel trapped,” he said. 

 

During the meeting, executives from the companies were sensitised on the use of dark patterns, practices or deceptive design patterns that mislead or trick users, essentially subverting or impairing their autonomy.

 

This comes as part of the ministry’s move to clamp down on the rampant use of such patterns. The government had notified guidelines for the prevention and regulation of dark patterns in 2023.

 

Since these guidelines were issued, the CCPA has sent as many as 11 notices to companies across sectors like pharmaceuticals, ticketing platforms on the use of such patterns.

 

Of these, four were issued to cab aggregator companies like Uber, Ola and Rapido over their “advance tip” feature.

 

DoCA had identified 13 of the most commonly used dark patterns on e-commerce websites and mobile apps like false urgency, basket sneaking, subscription trap, and nagging.

 

Terming them “unfair trade practices that violate consumer rights,” the government has worked towards creating a transparent and fair digital marketplace where consumers can make informed decisions without being tricked or coerced.

 

Dark patterns are defined as practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform. They are designed to mislead or trick users into doing something they originally did not intend or want to do. The Ministry of Consumer Affairs has been working towards eliminating the usage of dark patterns by e-commerce platforms and online portals.

 

Last year, the government had notified guidelines to prevent the usage of dark patterns, which include patterns like “basket sneaking” and “confirm shaming”.

 

Basket sneaking reefers to the inclusion of additional items such as products, services, payments to charity/donation at the time of checkout from a platform, without the consent of a user, while confirm shaming means using a phrase, video, audio or any other means to create a sense of fear or shame or ridicule or guilt in the mind of the user, so as to nudge them to act in a certain way that results in the user purchasing a product or service.

 

In December last year, the department launched three apps -- Jago Grahak Jago, Jagriti, and Jagriti Dashboard to help enhance the CCPA’s capability in taking suo motu action dark patterns.