Government Released New Regulations for Dark Pattern to be Followed by E-Commerce Websites:

 

Under the act of Customer Protection Act 2019. Discussing it many people have a doubt “What is a dark pattern?”

it is a user interface that tricks customers or an attempt to increase subscriptions or purchase something that is over-priced than it is actually worth. In a word, it is an online-driven process to make the site owner or the product owner gain profit by fooling the Consumer of the Internet web.

Dark Patterns amount to Misleading advertisement or some trade or Violation of consumer Rights, the Central Consumer Protection Authority(CCPA)

Major Types of  DARK Patterns:

There are 12 Kinds of Dark Patterns and They are classified as friend spam, forced continuity, disguised ads, confirm shaming, bait and switch, hidden costs, roach motel, privacy suckering, misdirection, price comparison prevention, trick questions and sneak into the basket.

Dark Pattern Type Dark Pattern Type	Description
1. Bait and Switch	Misleading users by offering one thing but providing another.
2. Confirm Shaming	Guilt-tripping users into making a specific choice by framing alternatives negatively.
3. Hidden Costs	Concealing additional fees or charges until later in the user journey.
4. Sneak into Basket	Adding extra items to the user's cart without their clear consent.
5. Urgency Tactics	Creating a false sense of urgency to pressure users into quick decisions
6. Roach Motel	Making it easy for users to sign up for a service but difficult to cancel or unsubscribe.
7. Privacy Zuckering	Tricking users into sharing more information than they originally intended. Named after Mark Zuckerberg
8. Misdirection	Guiding users towards a particular action by intentionally diverting attention
9. Forced Continuity	Automatically renewing subscriptions without clear and easily accessible cancellation options.
10. Disguised Ads	Presenting ads in a way that makes them look like regular content, tricking users into clicking on them.
11. Friend Spam	Importing a user's contacts for purposes like sending unsolicited invitations without their explicit consent.
12. Misleading UI	Designing user interfaces that confuse or deceive users about the functionality of a website or application.

The recognition of dark patterns' negative impact on user experience and customer loyalty has prompted the need for legal measures to address these deceptive practices. To counteract the use of dark patterns, a new law could be implemented to regulate and penalize companies engaging in such tactics.

This law could include the following key elements:

 1. Transparency Requirements: Mandate that companies provide clear and easily understandable information about their products, services, and user interfaces. This ensures that users are fully informed and not misled by deceptive design practices.

 2. Prohibition of Deceptive Designs: Explicitly prohibit the use of dark patterns in user interfaces that aim to manipulate or trick users into unintended actions. This could involve defining specific criteria for what constitutes a deceptive design.

 3. Penalties and Fines: Establish significant penalties, fines, or other legal consequences for companies found guilty of employing dark patterns. These consequences would serve as a deterrent and encourage businesses to prioritize ethical user experience design.

 4. User Empowerment: Empower users by giving them the right to easily opt out of features or services and providing mechanisms for reporting instances of dark patterns. This could involve incorporating user-friendly tools and interfaces that allow individuals to manage their preferences effectively.

 5. Regular Audits and Compliance Checks: Implement a system for regular audits and compliance checks to ensure that companies are adhering to the regulations. This could involve third-party assessments or government agencies responsible for monitoring and enforcing the law.

 6. Education and Awareness Programs: Launch educational initiatives to raise awareness about dark patterns and inform users of their rights. This can include campaigns to educate the public about recognizing and reporting deceptive practices.

By combining these elements, a comprehensive law could effectively deter the use of dark patterns, promote transparent and ethical user experiences, and safeguard consumer trust in digital interactions. It would also contribute to a fair and accountable digital marketplace where users can engage with products and services without fear of manipulation.

To Know

New Delhi: The Central Consumer Protection Authority (CCPA) has taken a bold step to fortify consumer rights in the digital era. The newly issued guidelines under the title "Guidelines for Prevention and Regulation of Dark Patterns, 2023" set a framework to curb deceptive practices, commonly known as 'dark patterns,' in the realm of e-commerce.

 Understanding the Terminology:

   The guidelines, rooted in the Consumer Protection Act, 2019, provide clear definitions for key terms. 'Dark patterns' are identified as deceptive design patterns employing UI/UX interactions designed to mislead users, subverting consumer autonomy and violating rights.

 Scope of Application:

   The guidelines extend their reach across all platforms offering goods or services in India, encompassing advertisers and sellers under their purview.

 Prohibitions and Conditions:

   - The guidelines unequivocally prohibit any person or platform from engaging in dark patterns.

   - Specific dark pattern practices are detailed in Annexure 1, ranging from "False Urgency" to "Nagging."

 Supplementary to Existing Laws:

   - The guidelines are positioned as complementary to existing laws. In cases where a dark pattern is regulated under other prevailing laws, these guidelines act in addition to, not derogation from, such regulation.

 Interpretation and Enforcement:

   - The CCPA retains the authority for interpretation, ensuring clarity in cases of ambiguity or disputes.

   - Contravention of these guidelines subjects the violator to the provisions of the Consumer Protection Act, 2019.

 Annexure 1: Specified Dark Patterns:

   - The list includes practices like "False Urgency," exemplified by presenting false data on high demand without context.

   - "Basket Sneaking" is defined as the automatic addition of items during checkout without user consent, exceeding the original payable amount.

   - "Confirm Shaming" involves inducing fear or guilt to influence user behavior.

   - "Forced Action" refers to compelling users into unintended purchases or subscriptions.

   - "Subscription Trap" addresses deceptive practices related to subscription cancellations.

   - "Interface Interference" points to design elements manipulating user interfaces for misdirection.

   - "Bait and Switch" exposes the deceptive practice of offering one outcome but delivering another.

   - "Drip Pricing" encompasses non-disclosure of prices upfront or charging more post-confirmation of purchase.

   - "Disguised Advertisement" tackles the issue of misleading ads masquerading as other content.

   - "Nagging" pertains to overwhelming users with requests or interruptions unrelated to their intended transaction.

 Conclusion:

   - With these guidelines, the CCPA sends a strong message against deceptive practices, emphasizing the commitment to safeguarding consumer rights. As e-commerce continues to evolve, these regulations serve as a crucial tool to maintain transparency and integrity in the digital marketplace, fostering a fair and ethical environment for consumers.

 Takeaways:(Taken from CF page):

Dark patterns are deceptive user experience designs that exploit our typical behavior on websites and apps to do Something we didn’t

Harry Bringnull coined the terms in 2010 and runs a website dedicated to uncovering them.

Companies use dark patterns because they work in the short term

Brignull has 12 identical kind of dark patterns Dark patterns ultimately don’t work in the long term because they create ill will and destroy customer loyalty

Updated Rule in Dark Pattern :https://consumeraffairs.nic.in/sites/default/files/fileuploads/latestnews/Draft%20Guidelines%20for%20Prevention%20and%20Regulation%20of%20Dark%20Patterns%202023.pdf