Guidelines for Prevention and Regulation of Dark Patterns, 2023.

[YAGAY andSUN]

The Guidelines for Prevention and Regulation of Dark Patterns, 2023, were notified by India's Central Consumer Protection Authority (CCPA) on November 30, 2023, under Section 18 of the Consumer Protection Act, 2019. These guidelines aim to prevent deceptive design practices—known as "dark patterns"—that manipulate users into making choices not in their best interest.

Key Aspects of the Guidelines:

• Definition of Dark Patterns: The guidelines identify 13 specific dark patterns, including:
  1. Drip Pricing: Gradually disclosing additional charges during the purchasing process.
  2. Bait and Switch: Advertising a product at a low price to lure customers, then making it unavailable and promoting a higher-priced alternative.
  3. Confirmshaming: Using guilt-inducing language to nudge users toward certain choices.
  4. Roach Motel: Making it easy to sign up for services but difficult to unsubscribe.
  5. Forced Continuity: Automatically enrolling users in paid subscriptions without clear consent.
  6. Hidden Costs: Adding unexpected fees at the final stages of checkout.
  7. Misdirection: Designing interfaces that distract users from important information or options.
  8. Obstruction: Making it hard for users to exercise their rights, such as opting out of data collection.
  9. Preselection: Defaulting users into choices they might not have made actively.
  10. False Urgency: Creating a false sense of urgency to pressure users into quick decisions.
  11. Disguised Ads: Presenting advertisements in a way that deceives users into interacting with them.
  12. Forced Disclosure: Requiring unnecessary personal information for accessing services.
  13. Nagging: Repeatedly prompting users to take actions they have already declined.
• Scope and Applicability: The guidelines apply to:
  • Platforms offering goods or services in India, including foreign entities.
  • Advertisers responsible for designing, producing, and publishing advertisements.
• Enforcement and Compliance: Non-compliance with these guidelines may lead to action under the Consumer Protection Act, 2019, including penalties for unfair trade practices.

These guidelines position India alongside global efforts to regulate dark patterns, enhancing consumer protection in the digital landscape.

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Annexure – 1

Ministry of Consumer Affairs, Food & Public Distribution

Central Consumer Protection Authority issues ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’ for prevention and regulation of dark patterns listing 13 specified dark patterns
 

Dark patterns involve using design and choice architecture to deceive, coerce, or influence consumers into making choices that are not in their best interest. Dark patterns encompass a wide range of manipulative practices such as drip pricing, disguised advertisement, bait and switch, false urgency etc.

Such practices fall under the category of "unfair trade practices" as defined under the Consumer Protection Act, 2019. The Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, has issued “Guidelines for Prevention and Regulation of Dark Patterns, 2023” on 30th November, 2023 for prevention and regulation of dark patterns listing 13 specified dark patterns.

To safeguard consumers from unfair trade practices in e-commerce, the Department of Consumer Affairs has also notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019. These rules inter-alia outline the responsibilities of e-commerce entities and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for customer grievance redressal.

The CCPA has notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim advertisements; and (c) duties of manufacturer, service provider, advertiser and advertising agency.

The Bureau of Indian Standards (BIS) has notified framework on ‘Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication’ on 23.11.2022 for safeguarding and protecting consumer interest from fake and deceptive reviews in e-commerce. The standards are voluntary and are applicable to every online platform which publishes consumer reviews. The guiding principles of the standard are integrity, accuracy, privacy, security, transparency, accessibility and responsiveness.

This information was given by the Union Minister of State for Consumer Affairs, Food & Public

Distribution, Shri Ashwini Kumar Choubey in a written reply today in the Rajya Sabha.