Online platforms were strongly urged to refrain from participating in any deceptive practices that could potentially manipulate consumers
According to an official announcement by the Department of Consumer Affairs (DoCA), Government of India, they have issued a request for public input regarding the Draft Guidelines for the Prevention and Regulation of Dark Patterns. These guidelines are now available for review on the Department of Consumer Affairs website, and they are inviting public feedback until 5th October 2023.
“The draft guidelines define dark patterns as any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users to do something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisements or unfair trade practices or violation of consumer rights”, said PIB. Examples include false urgency, forced action, and subscription traps, among others.
The guidelines, specifically designed to combat Dark Patterns, have a primary objective of protecting consumer rights and preserving their freedom, particularly within the digital landscape. In a letter dated 28th June 2023, online platforms were strongly urged to refrain from participating in any deceptive practices that could potentially manipulate consumers, with a specific reference to Section 2(9) of the Consumer Protection Act, 2019.
On 13th June, the Department of Consumer Affairs organised an interactive session focused on the topic of Dark Patterns. During this session, a unanimous consensus emerged, highlighting the gravity of the issue and the need for prompt action. Attending this meeting were key associations, including the ASCI (Advertising Standards Council of India), NLUs, and VCOs, as well as representatives from notable e-commerce platforms such as Google, Flipkart, RIL, Amazon, Go-MMT, Swiggy, Zomato, Ola, Tata CLiQ, Facebook, Meta, Ship Rocket, and Go-MMT.
A task force was created, consisting of representatives from the above-mentioned associations who participated in the meeting. Input and insights were gathered from all these representatives in the process of drafting the guidelines. Following this collaborative effort, the guidelines were formally submitted to the Department of Consumer Affairs, which has now made them accessible for public feedback on their website.
