Dark Patterns: Shining a light on consumer protection in the digital age

The consumer landscape has been irrevocably altered by the digital revolution. E-commerce platforms have become ubiquitous, offering unparalleled convenience and access to goods and services. However, within this online marketplace, a shadowy element lurks: dark patterns. These are deceptive design tactics employed by platforms to manipulate users into making unintended decisions – often, to their detriment.

Dark patterns come in various forms, from hidden costs and pre-checked boxes to confusing interfaces and exploiting scarcity fears. They leverage our cognitive biases and exploit our tendencies towards impulsive behavior, effectively overriding our rational decision-making. The consequences are often dire, leading to unwanted subscriptions, inflated costs, and a general erosion of trust in the online ecosystem. Thankfully, a ray of hope has emerged in the form of the Consumer Protection Act, 2019. This landmark legislation empowers consumers and equips them with the necessary legal tools to combat unfair trade practices. The recent notification of Guidelines for Prevention and Regulation of Dark Patterns, 2023 under this Act marks a significant step in protecting consumers from these manipulative tactics.

These guidelines offer a clear definition of dark patterns and outline specific practices that fall under this umbrella. This clarity is paramount in holding platforms accountable and ensuring fair online interactions. Additionally, the guidelines provide a framework for consumers to recognize and report instances of dark patterns, empowering them to actively safeguard their interests. However, the journey towards a truly ethical digital marketplace has just begun. The onus lies not only on regulatory bodies to enforce the guidelines but also on platform owners to adopt ethical design principles. This means prioritizing user trust and transparency above short-term gains. Additionally, raising consumer awareness about dark patterns is crucial in equipping them with the knowledge to navigate the online world with caution.

The battle against dark patterns requires a multi-pronged approach. By combining robust legislation, responsible platform behavior, and informed consumer action, we can usher in an era where the online marketplace becomes a space of trust, fairness, and transparency. The fight for ethical online interactions may be long and arduous, but with the light of awareness shining on dark patterns, we can illuminate the path towards a truly consumer-centric digital future.

Dr. Deevanshu Shrivastava, Assistant Dean, School of Law, G D Goenka University, Gurugram.