DARK PATTERNS

A dark pattern is a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interest .Dark patterns encompass various manipulative practices such as drip pricing, disguised advertising, bait and click, choice manipulation, false urgency, and privacy concerns .The term Dark Patterns was coined by user experience designer Harry Brignull in 2010.

TYPES OF DARK PATTERNS

1. Urgency: This tactic creates a sense of urgency or scarcity to pressure consumers into making a purchase or taking an action.
2. Basket Sneaking: Websites or apps use dark patterns to add additional products or services to the shopping cart without user consent.
3. Confirm Shaming: It involves guilt as a way to make consumers adhere. It criticizes or attack consumers for not conforming to a particular belief or viewpoint.
4. Forced Action: This involves forcing consumers into taking an action they may not want to take, such as signing up for a service in order to access content.
5. Nagging: It refers to persistent, repetitive and annoyingly constant criticism, complaints, requests for action.
6. Subscription Traps: This tactic makes it easy for consumers to sign up for a service but difficult for them to cancel it, often by hiding the cancellation option or requiring multiple steps.
7. Interface Interference: This tactic involves making it difficult for consumers to take certain actions, such as cancelling a subscription or deleting an account.
8. Bait and Switch : This involves advertising one product or service but delivering another, often of lower quality.
9. Hidden Costs: This tactic involves hiding additional costs from consumers until they are already committed to making a purchase.
10. Disguised Ads: Disguised ads are advertisements that are designed to look like other types of content, such as news articles or user-generated content.

EXAMPLES OF DARK PATTERNS   

• Social media companies and Big Tech firms such as Apple, Amazon, Skype, Facebook, LinkedIn, Microsoft, and Google use dark or deceptive patterns to downgrade the user experience to their advantage. 
• Amazon came under fire in the EU for its confusing, multi-step cancelling process in Amazon Prime subscription. 
• LinkedIn users often receive unsolicited, sponsored messages from influencers. 
• Meta-owned Instagram pivots to video-based content to compete against TikTok, users have complained that they are being shown suggested posts they did not wish to see and that they were unable to permanently set preferences. 
• Google-owned YouTube nags users to sign up for YouTube Premium with pop-ups, obscuring final seconds of a video with thumbnails of other videos — a way of disrupting what should have been an otherwise smooth user experience.  

 CHALLENGES OF DARK PATTERNS   

1. Loss of Trust: Dark patterns deceive users, eroding trust between users and digital platforms. This can lead to a negative perception of the brand or service, resulting in a loss of customer trust and loyalty.
2. Unintended Outcomes: Users may unintentionally take actions they did not intend, leading to frustration and dissatisfaction. For example, making unintentional purchases or signing up for services they did not want can result in negative user experiences.
3. Unethical Practices: Dark patterns exploit cognitive biases and manipulate user behaviour, raising ethical concerns, Employing such practices can harm a company’s reputation and may lead to legal consequences.
4. Violations of Consumer Protection Laws: Dark patterns may violate consumer protection laws by engaging in deceptive trade practices.This can result in legal actions, fines, or other penalties for businesses using such patterns.
5. Social Backlash: Instances of dark patterns can lead to negative publicity, especially in the age of social media where users can share their experiences widely. Public backlash can damage a company’s brand image.
6. Brand Trust Erosion: Persistent use of dark patterns can result in long-term damage to a brand’s reputation.Trust, once eroded, is challenging to rebuild, and users may be wary of engaging with the brand in the future.
7. Legal Challenges: The use of dark patterns may attract regulatory scrutiny and legal challenges, particularly if it is found to violate consumer protection or privacy regulations.This can lead to fines and legal consequences for businesses.
8. Hindered Informed Decision-Making : Dark patterns interfere with users’ ability to make informed decisions. In the long run, users may become more cautious and sceptical, hindering their ability to trust online interfaces.
9. Negative UX Impact: Dark patterns undermine the principles of user-centric design and positive user experiences.They contribute to a more hostile online environment, where users may feel compelled to constantly second-guess interfaces.

IDENTIFIED DARK PATTERNS IN INDIA  (AS PER CCPA NOTIFICATION)

• Creating unwarranted urgency or scarcity to prompt immediate purchases.
• Non-consensual addition of items at checkout leading to increased payments.
• Employing fear or shame to manipulate user decisions for profit.
• Mandating additional purchases or personal data sharing.
• Overcomplicating subscription cancellation and obscuring options.
• User interface manipulation to deviate users from their initial intent.
• Providing misleading outcomes contrary to advertised promises based on user interactions.
• Initial price concealment, with post-confirmation disclosure or conditional service access.
• Disguising ads as other content to deceive users into engaging.
• Constant disruptive interactions aimed at profit.
• Intentionally using perplexing language to confuse users.
• Inducing recurring payments under SaaS models.
• Deceiving users into purchasing unnecessary malware removal services through ransom ware or scare war

NEED TO REGULATE DARK PATTERNS IN INDIA

• Digital space has become an integral part of the consumer’s life, significantly influencing how they consume information, goods and services.
• Certain aspects of UI/UX design and online choice architecture guide consumer choices. However, when manipulated to the detriment of consumers, they become a cause of concern.
• Online space in India has experienced an impressive growth in recent years, with the number of internet connections reaching 830 million in 2021.
• Moreover, India’s consumer digital economy is anticipated to hit the US$1 trillion mark by 2030, growing from US$537.5 billion in 2020.
• This is attributed to the strong adoption of online services like eCommerce and edtech in the country.
• With the growing penetration of the internet and rising smartphone usage in India, consumers are increasingly choosing e-commerce as the preferred mode of shopping.
• In such a scenario, it is essential that online platforms do not indulge in unfair trade practices by incorporating dark patterns which result in a harmful or undesirable outcome for the consumer.

GLOBAL LAWS AGAINST DARK PATTERNS 

• United States

• In the U.S., the Federal Trade Commission [FTC] has taken note of dark patterns and the risks they pose. In a report released in September 2022 year, the regulatory body listed over 30 dark patterns, many of which are considered standard practice across social media platforms and e-commerce sites.
• FTC report outlined its legal action against Amazon in 2014, for a supposedly free children’s app that fooled its young users into making in-app purchases that their parents had to pay for.

• European Union

• The European Union has enacted Digital Services Act (DSA) to curb the menace of dark pattern and create a safer digital space in which the fundamental rights of all users of digital services are protected.
• DSA regulates digital services that act as intermediaries in their role of connecting consumers with content, goods and services.
• This means not only are the likes of Facebook and Google within the scope of the bill, but also Amazon and app stores.
• Violations carry the threat of a fine of 6% of global turnover and, in the most serious cases, a temporary suspension of the service.

REGULATORY FRAMEWORK IN INDIA

Department of Consumer Affairs (DoCA)

• It is one of the two Departments under the Ministry of Consumer Affairs, Food & Public Distribution. Implementation of Consumer Protection Act, 2019.

• Advertising Standards Council of India (ASCI)

• It is an independent, voluntary self-regulatory organization formed in 1985 by professionals from the advertising and media industry to keep Indian ads decent.
• It aims to ensure advertisements in India are fair, honest and are compliant with the ASCI Code.

• Consumer Protection Act 2019

• Deceptive patterns that manipulate consumer choice and impede their right to be well informed constitute unfair practices that are prohibited under the Consumer Protection Act 2019.