Tricked into buying? Centre to form guidelines for 'dark patterns' soon

The Department of Consumer Affairs will frame the guidelines with the Advertising Standards Council of India, and they will be self-regulatory at first

Stating that customers must not be forced or directed into buying a product without their consent, Rohit Kumar Singh, secretary of the Department of Consumer Affairs (DoCA), said that the Centre would release guidelines to handle "dark patterns" on the internet in the next two months.

Dark patterns encompass various manipulative practices such as drip pricing, disguised advertising, bait and click, choice manipulation, false urgency, and privacy concerns.

These deceptive practices prompt the users to buy a particular product or a service even when they do not give their exclusive consent. There are several types of dark patterns prevailing on the internet today. Some of these are disguised ads, nagging, basket sneaking, forced action, bait and switch and hidden costs.

Singh was speaking at an interaction hosted by DoCA and the Advertising Standards Council of India (Asci) in Mumbai on Tuesday evening.

"DoCA is extremely concerned over the proliferation of dark patterns in e-commerce and other modes. Consumers must not be forced or directed towards unintended consequences without their express consent and consent by deceit is not an express consent. Consumers shall be aware of what they are signing up for and also should be able to get out of the same," he said.

The department will frame the guidelines with Asci. "We look forward to providing all assistance to ASCI in examining this issue and building a comprehensive framework to protect consumers," he added. The guidelines, at first, will be self-regulatory.

In the meeting, the department also told the companies to focus on self-regulation. The companies that attended the meeting were ONDC, Flipkart, Zomato, Amazon, Meta, Google, MakeMyTrip, Yatra, Snapdeal, Uber, Ola, Big Basket, Meesho, Pharmeasy, Tata 1mg and Shiprocket, among others. It was also attended by bodies like the Retailers Association of India and Nasscom.

The self-regulatory measures will include prohibiting specific kinds of dark patterns, fostering consumer-friendly digital choice architecture and empowering regulators.

"With e-commerce and social commerce growing at breakneck speed, online consumer safety is at the top of Asci's agenda. Deceptive patterns in online advertising mislead consumers, ruin their online experience, and erode trust in brands and advertising," said Manisha Kapoor, chief executive officer (CEO) and secretary general, Asci.

"Today's consultation looked at some dark patterns beyond the scope of advertising, but that compromise consumer interest, nonetheless. We are grateful that DoCA is putting its weight behind this important issue and together we look forward to forming a strong set of guidelines and rules that help weed out online deceptive patterns," she added.

Apart from self-regulation, it was also discussed that equipping users with tools and resources that allow them to make informed choices online is another potential solution to these malpractices. This could include browser extensions, apps or plugins that detect and block dark patterns.

Also, the platforms must provide clearer and more accessible settings and privacy options.