Why the Government Has Banned ‘Dark Patterns’ on E-Commerce Platforms

In order to guard customers’ curiosity, the federal government has banned use of “dark patterns” on e-commerce platforms which intend to deceive clients or manipulate their decisions. A gazette notification on this regard as “Guidelines for prevention and regulation of dark patterns” was issued on November 30 by the Central Consumer Protection Authority (CCPA) which is relevant to all platforms providing items and companies in India, and even advertisers and sellers.

Resorting to darkish patterns will quantity to deceptive commercial or unfair commerce observe or violation of client rights. The penalty shall be imposed as per the provisions of the Consumer Protection Act, it added.

“In the emerging digital commerce, dark patterns are increasingly being used by the platforms to mislead the consumers by manipulating their buying choices and behaviour,” Consumer Affairs Secretary Rohit Kumar Singh advised PTI.

The notified tips will guarantee readability within the minds of all stakeholders — consumers, sellers, marketplaces and regulators – as to what’s not acceptable as unfair buying and selling practices, the latter being liable beneath the Consumer Protection Act, he added.

According to the notification, darkish patterns have been outlined as any observe or misleading design sample utilizing consumer interface or consumer expertise interactions on any platform that’s designed to mislead or trick customers to do one thing they initially didn’t intend or wish to do, by subverting or impairing the buyer autonomy, determination making or selection.

For occasion, ‘basket sneaking’ is a darkish sample that features further gadgets equivalent to merchandise, companies, funds to charity or donation on the time of checkout from a platform, with out the consent of the consumer, such that the entire quantity payable by the consumer is greater than the quantity payable for the services or products chosen by the consumer.

Another darkish sample referred to as “forced action” means forcing a consumer into taking an motion that may require the consumer to purchase any further items or subscribe or join an unrelated service or share private info to be able to purchase or subscribe to the services or products initially meant by the consumer.

Likewise, CCPA has specified 13 darkish patterns to offer solely as a steering for the trade.

Initially, CCPA had recognized 10 darkish patterns however after the general public session one other three have been included.