Govt Seeks Public Input on Draft Guidelines to Regulate ‘Dark Patterns’ in Online Practices

The government has sought public input on draft guidelines for the prevention and regulation of ‘dark patterns,’ which are tactics employed by online entities to deceive customers or manipulate their choices.

The draft guidelines, issued by the Ministry of Consumer Affairs, enumerate various deceptive practices used by online platforms under the umbrella of dark patterns, which are detrimental to consumer interests. The ministry has requested public comments and suggestions on the draft guidelines, with a 30-day window for submissions until October 5, according to an official statement.

According to the draft guidelines, ‘dark patterns’ encompass practices or deceptive design patterns that utilize UI/UX (user interface/user experience) interactions on any platform. These practices are designed to mislead or coerce users into taking actions they originally did not intend or want to take, thereby undermining consumer autonomy, decision-making, or choice. Such actions can amount to misleading advertising, unfair trade practices, or violations of consumer rights.

The guidelines identify approximately ten specific dark patterns, including false urgency, basket sneaking, confirm shaming, forced action, subscription traps, interface interference, bait and switch, drip pricing, disguised advertisements, and nagging.

• ‘False Urgency’ refers to falsely conveying a sense of urgency or scarcity to mislead users into making immediate purchases or taking immediate actions, often resulting in purchases.
• ‘Basket sneaking’ involves adding additional items or payments to charity/donation without the user’s consent during checkout, leading to a higher total cost than the user’s initial selections.
• ‘Confirm shaming’ uses fear, shame, ridicule, or guilt to nudge users into specific actions, such as making a purchase or continuing a subscription.
• ‘Forced action’ compels users to take actions that require them to buy additional goods or subscribe to unrelated services.
• ‘Subscription trap’ makes it difficult or complex for users to cancel paid subscriptions.
• ‘Interface interference’ manipulates the user interface by highlighting certain information while obscuring other relevant details to misdirect users from their intended actions.
• ‘Bait and switch’ advertise one outcome based on user actions but delivers a different result.
• ‘Drip pricing’ conceals price elements or reveals them surreptitiously within the user experience.
• ‘Disguised advertisement’ poses advertisements as different types of content, such as user-generated content or news articles.
• ‘Nagging’ inundates users with requests, information, options, or interruptions unrelated to their intended purchase, disrupting the transaction.

The draft guidelines define specific dark patterns and provide examples for clarity. They will apply to all individuals and online platforms, including sellers and advertisers. The guidelines aim to identify and regulate practices that manipulate or alter consumer choices using deceptive or misleading techniques or manipulated web interfaces.

The Ministry of Consumer Affairs collaborated with stakeholders, including e-commerce platforms, law firms, government entities, and voluntary consumer organizations, to formulate the guidelines. The ministry’s objective is to safeguard consumer interests and promote fairness and transparency in the expanding digital marketplace.

The proposed guidelines are expected to bolster the industry and protect consumer interests, reinforcing the commitment to consumer welfare and transparency in the digital space.