By Rupin Chopra and Apalka Bareja
Introduction
In the sprawling landscape of digital interactions, users navigate a myriad of online platform, often encountering subtle yet manipulative design elements known as “dark patterns”. These deceptive practices, strategically crafted to influence user behavior, have prompted the establishment of comprehensive guidelines for their prevention and regulation. As we delve into the intricate web of specified dark patterns, the regulatory measures outlined seek to unravel the deceit and fortify consumer protection in evolving digital sphere. This journey into the prevention and regulation of dark patterns heralds a new era, emphasizing transparency fairness, and ethical design practices to ensure users can navigate online spaces with confidence and clarity.
Recognizing the need for stringent measures, guidelines have been established to curb these unethical practices and safeguard consumer interests. In this article we will have a closer look at specific dark patterns and the measures in place.
Type of Dark Patterns
- FALSE URGENCY
This strategy creates a false sense of urgency or scarcity to coerce consumers into making swift purchases or taking immediate actions. - BASKET SNEAKING
Inclusion of additional items at checkout without user consent, leading to a higher total payable amount, is deemed unethical. Exceptions are made for disclosed necessary fees, ensuring transparency in the purchase process.For example, automatic addition on paid ancillary services or subscriptions without explicit user consent. - CONFIRM SHAMING
Instilling fear, sham or guilt to nudge users into specific actions that result in purchasing a product or continuing a subscription is now prohibited. Platforms using phrases or tactics to manipulate user decisions will be held accountable.[2] - FORCED ACTION
Forcing users into unrelated actions for purchasing or subscribing to the originally intended product or service is prohibited this includes schemes like prohibiting the user of a product or service unless user upgrade for a higher rate or subscribe to newsletter. - SUBSCRIPTION TRAP
This tactic simplifies the sign- up process for a service but complicates the cancellation process, often by concealing the cancellation option or requiring intricate steps. - INTERFACE INTERFERENCE
This strategy involves creating obstacles for consumers to perform certain actions, like cancelling a subscription or deleting an account. - BAIT AND SWITCH
The practice of advertising a particular outcome based on the user’s action but deceptively serving an alternate outcome.Illustrations: a. A seller offers a quality product at a cheap price but when the consumer is about to pay/buy, the seller states that the product is no longer available and instead offers a similar looking product but more expensive. - HIDDEN COSTS
This approach conceals additional costs from consumers until they are already committed to making a purchase, revealing them only at a later stage. - DISGUISED ADVERTISEMENT
Disguised ads mimic other types of content, such as news articles or user-generated content, intending to deceive consumers about their promotional nature. - NAGGING
shall mean a dark pattern due to which users face an overload of requests, information, options, or interruptions; unrelated to the intended purchase of goods or services, which disrupts the intended transaction.[3]
ASCI Guidelines
The Advertising standards Council of India sets guidelines for advertising ethics. The prevention of dark patterns aligns with ASCI’s guidelines and principles, ensuring that online interfaces maintain honesty and fairness. Upholding ethical standards in digital communication becomes crucial.[4]
According to ASCI, ‘dark commercial patterns’ involve business practices that incorporate elements of digital choice architecture, particularly within online user interfaces. These practices aim to undermine or compromise consumer autonomy, decision making or choice. They frequently employ deception, coercion, or manipulation of consumers and are likely to result in direct or indirect harm to consumers in various ways, although measuring such harm may be challenging or even impossible in many instances. The ASCI guidelines identify four types of deceptive techniques found in online advertisement in online advertising, including drip pricing, bait and switch, false urgency and disguised ads. These guidelines being self-regulatory, provide examples of online deceptive patterns to raise awareness among stake holders regarding what qualifies as dark patterns in digital advertising.[5]
The Role of Stakeholders
Stakeholders including businesses, advertisers and regulatory bodies, play a crucial role in upholding ethical standards outlined in the ASCI guidelines. By fostering transparency, truthfulness and consumer trust, these stakeholders contribute to creating a digital landscape that prioritizes fairness and integrity.
Navigating towards consumer empowerment
Understanding these dark patterns is pivotal for consumers, businesses and regulatory bodies to foster a digital environment grounded in fairness and transparency. As these examples highlight deceptive practices come in various forms requiring collective efforts to safeguard consumer rights.
Conclusion
In summary, although the consumer protection law in India lacks specific definition of ‘dark patterns’, the ASCI guidelines and DCA advisory delineate specific instances of such patterns.
Regulatory bodies like the Central Consumer Protection Authority and Consumer Commission, equipped with punitive authority, will lean on the ASCI guidelines and the DCA advisory to pinpoint deceptive advertisements and unfair trade practices, instigating legal action under the act.
Distinguishing between persuasive and manipulative advertisements poses a challenge for authorities. It is essential to recognize that not all design nudges are inherently detrimental and industry advocates contend that what might be labeled as manipulative is essentially a form of ‘persuasive’ marketing strategy.
[1] (No date a) The Advertising Standards Council of India – ASCI. Available at: https://www.ascionline.in/ (Accessed: 20 December 2023).
[2] (No date a) The Advertising Standards Council of India – ASCI. Available at: https://www.ascionline.in/ (Accessed: 20 December 2023).
[3] (No date a) The Advertising Standards Council of India – ASCI. Available at: https://www.ascionline.in/ (Accessed: 20 December 2023).
[4] Ambwani, M.V. (2023) Asci throws light on dark patterns in digital advertising; Issues Guidelines, BusinessLine. Available at: https://www.thehindubusinessline.com/info-tech/asci-throws-light-on-dark-patterns-in-digital-advertising-issues-guidelines/article66973192.ece (Accessed: 20 December 2023).
[5] Standard, B. (2023) ASCI releases guidelines on Dark Patterns in digital advertisements, Business Standard. Available at: https://www.business-standard.com/industry/news/asci-releases-guidelines-on-dark-patterns-in-digital-advertisements-123061500671_1.html (Accessed: 20 December 2023).
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Dark Patterns: The ‘Sinisterville’ Of Digital Advertising And Marketing