Preparations to curb ‘dark patterns’, draft released for regulation, government seeks suggestions
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The government has become strict regarding the dark patterns being used indiscriminately on online forums. The Central Government has issued draft guidelines for prevention and regulation of dark patterns. Keeping in mind the loss being caused to the customers due to the dark pattern being used through the website, the Ministry of Consumer Affairs has sought suggestions from the people on this. The government has given 30 days time for this, that is, comments and suggestions can be given on this draft guidelines till 05 October. After this they will be finalized. The draft guidelines list various deceptive practices being adopted by online platforms which harm consumers and are against their interests. The guidelines will be applied to all people and online platforms, including sellers and advertisers. The ministry said that it is committed to protecting consumer interests and promoting a fair and transparent market. The proposed guidelines will further strengthen the industry and protect the interests of consumers.
‘Dark Pattern’ is a way to cheat online customers
The tactics used to deceive online customers or manipulate their choices are called ‘dark patterns’. Many people are not easily aware of how much harm it is causing to them. Social media companies and Big Tech companies use dark or deceptive patterns to downgrade customer experience for their own benefit. Creating false emergencies for customers is a dark pattern. This also includes inciting the consumer to take any unnecessary service. Companies cannot trap consumers into the trap of subscription.
Hiding information in small print is wrong
It is also wrong to give information in small letters or by hiding it. Many companies provide information about a product and then change it for the consumer, which should not be done. Apart from this, it also includes charging the consumer separately for platform fees and repeatedly harassing the consumer to buy a product.
Clients don’t realize they are stuck in dark patterns
Customers fall into the trap of dark patterns and do not even realize it. When we use an app or open a website, a message often comes – ‘Will you accept cookies’. You can take it easily, but then it becomes difficult to get rid of it. When there is no option to get rid of an app, then it should be understood that the company has hidden it in a dark box. According to a report, there are 75 popular e-commerce companies in India and 97 percent of these companies use dark pattern.
This is how the draft guidelines were prepared
13 June: Department of Consumer Affairs (DoCA) conducted a consultation on dark patterns. Advertising Standards Council of India (ASCI), various e-commerce platforms, NLUs, law firms etc. participated in it.
28 June: A letter was sent by the Secretary, Department of Consumer Affairs, to e-commerce companies, industry associations and participants of the stakeholder consultation, requesting them to refrain from including any design or pattern in the online interface of their platforms that may offend consumers. Can deceive or manipulate one’s choices and fall into the category of dark patterns.
Formation of task force: For this, a task force was formed which included industry associations, ASCI, NLU, VCO and e-commerce platforms – Google, Flipkart, RIL, Amazon, Swiggy, Zomato, Ola, Tata Click, Facebook, Meta, Ship Rocket and Go. Representatives of MMT were included.
The present draft of guidelines for prevention and regulation of dark patterns has been prepared based on the guidelines given by the task force.
Steps have been taken in European countries
Even though companies are using it indiscriminately, it is completely illegal. Now the government has also become strict regarding this. This is why suggestions are being sought from people. So that by knowing the problems of the people, they can be controlled properly. Strict steps have been taken against it in European countries also.
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