The Union Ministry of Consumer Affairs is cracking down on dark patterns, which are deceptive design tactics used by e-commerce platforms. In a significant move to safeguard consumer rights, the Ministry has mandated annual internal audits for e-commerce companies to identify and eliminate these manipulative UI/UX practices. These tactics often trick users into unintended actions, such as making unwanted purchases or unknowingly sharing personal data.
New Compliance Strategy and Joint Committee
The directives were issued during a high-level stakeholder meeting in New Delhi on May 28, chaired by Union Minister for Consumer Affairs, Pralhad Joshi. The meeting included over 50 stakeholders, such as major digital companies like Amazon, Flipkart, Apple, Google, Meta, Swiggy, Zomato, Paytm, WhatsApp, and MakeMyTrip, alongside industry bodies like NASSCOM, FICCI, and CAIT, and various consumer organisations.
As part of the new strategy, platforms must conduct annual internal audits and submit their findings to the Department of Consumer Affairs (DoCA). These reports need to detail how dark patterns are being removed and how user interfaces are being redesigned to protect consumer autonomy.
A joint working committee, composed of government officials, digital platforms, and consumer rights groups, will be established to monitor compliance and review audit results. “Companies have been asked to submit annual audit reports to the ministry, detailing the changes made to eliminate misleading user interfaces that compromise consumer autonomy and lead to unintended purchases or actions. They have also agreed to conduct these audits,” said Joshi.
Expanding Accountability to Sellers and Ride-Hailing Apps
The new guidelines will also hold third-party sellers on these platforms accountable. Joshi added, “We have asked platforms for full compliance with issued guidelines, and to also ensure that no third-party merchants on their platforms use these patterns that can make a consumer feel trapped.”
This crackdown follows a notice issued by the Central Consumer Protection Authority (CCPA) to Uber regarding its “advance tip” feature, which allegedly pressured users into paying a gratuity upfront for quicker rides. The government has since expanded its investigation to Ola and Rapido. “Tip is given as a token of appreciation not as a matter of right, after the service,” he said in a post on X.
Since November 2023, when dark pattern guidelines were introduced, the CCPA has issued 11 formal notices to companies across various sectors, including pharmaceuticals, ticketing, and ride-hailing.
Understanding Dark Patterns
Dark patterns are manipulative UI/UX strategies designed to influence users into making decisions they wouldn’t otherwise make. The guidelines categorise 13 such practices as violations of consumer rights under the Consumer Protection Act. These include:
- False urgency: Creating artificial time pressure.
- Basket sneaking: Adding items to a cart at checkout without consent.
- Subscription traps: Making it difficult to cancel a service.
- Confirm shaming: Guilt-tripping users into opting in.
- Trick-to-click: Disguising ads or options to mislead users.
A 2024 report by the Advertising Standards Council of India (ASCI) revealed that 52 of the top 53 most-downloaded Indian apps used at least one dark pattern, underscoring the widespread nature of the problem.
Digital Tools and Increased Public Awareness
To aid enforcement, the government has launched three new digital tools, developed with IIT BHU as part of the 2023 Dark Patterns Buster Hackathon:
- Jagriti App: Allows consumers to report instances of dark patterns.
- Jago Grahak Jago App: Provides real-time safety scores for e-commerce platforms.
- Jagriti Dashboard: Offers regulators insights and analytics on consumer complaints and platform behaviour.
Nidhi Khare, Consumer Affairs Secretary, noted a rise in dark pattern complaints through the National Consumer Helpline and that users are directly flagging misleading features. “Now it’s time for platforms to act,” she added.
