Crackdown On Dark Patterns: Platforms Asked To Do Audits, Comply With Guidelines; 11 Notices Issued So Far
Platforms have been “sensitised and cautioned,” with a clear directive that the law of the land must be followed, Consumer Affairs Minister Prahlad Joshi said.
Consumer Affairs Minister Prahlad Joshi on Wednesday held a high-level stakeholder meeting with over 50 e-commerce platforms, industry bodies like Nasscom, and consumer groups to address the growing menace of dark patterns, which are design tactics that mislead users into making unintended choices.
Thirteen such patterns have been formally identified in the existing guidelines. The minister said platforms have been “sensitised and cautioned,” with a clear directive that the law of the land must be followed.
The identified dark patterns include False Urgency, Basket Sneaking, Hidden Costs, Disguised Ads, Confirm Shaming, Interface Interference, Forced Action, SaaS Billing, Nagging, Trick Questions, Bait and Switch, Rogue Malware and Subscription Traps.
Consumer Affairs Secretary Nidhi Khare, while speaking to reporters, said that these dark patterns are not accidents. “These are algorithmic manipulations,” she said, adding that the Central Consumer Protection Authority (CCPA) has issued a total of 401 notices, of which 11 are pertaining to dark patterns.
This includes notices to four ride-hailing platforms, Khare said, adding that the cases of dynamic pricing are under probe. If there are cases of this in the railways, then CCPA will look into it, the bureaucrat further said.
Joshi told reporters that platforms have been asked to "ensure that third-party sellers also have to comply". They must ensure clear opt-outs and visible cancellation pathways, the minister added.
Representatives of major e-commerce companies such as 1mg.com, Airbnb, Amazon, Apple, Zepto, Booking.com, Ola Electric, IndiGo Airlines, Ixigo, MakeMyTrip, Mastercard, Meta, Rapido, Shiprocket, Snapdeal, Swiggy, Thomas Cook, Uber, Whatsapp, Yatra, Zomato & Blinkit, Flipkart, Google, Justdial, ONDC, and Paytm were present during the meeting.
Further, major industry associations Competition Commission of India, Ficci, Nasscom, PHDCCI, and Retailers Association of India along with voluntary consumer organisations attended the meeting.
A joint working group has been proposed, and platforms have assured full cooperation, he further said.
The government has also launched three digital tools: Jagriti App (awareness), Jago Grahak Jago App (to report violations), and a Jagriti Dashboard to help consumers.
Companies have also been asked to conduct internal audits and submit reports. "No one has contradicted our definition of dark patterns," Joshi said, adding that any litigation is unlikely given stakeholders' consensus in the matter.
According to an analysis of 228 online platforms by LocalCircles, as many as 54% were found to be engaging in forced action. About 48% were using drip pricing and 34% were deploying bait and switch and the subscription trap, among others.
