Centre tells e-commerce firms to hold on annual audit of ‘dark patterns'

Mint

2 days ago

NEW DELHI
:
The government has told e-commerce firms to hold annual internal audits to detect and remove deceptive online practices known as dark patterns, as part of a 'joint strategy" to protect consumer rights in the digital economy, consumer affairs minister Pralhad Joshi said on Wednesday.
A joint committee of government officials, industry leaders, and consumer groups will be formed to monitor compliance and review the audit reports, Joshi told reporters after holding a stakeholder consultation on dark patterns.
Representatives from over 50 companies—including Google, Amazon, Meta, Apple, Swiggy, Flipkart, Paytm and MakeMyTrip—along with leading industry bodies like NASSCOM, CAIT, FICCI, and Voluntary Consumer Organizations, attended the meeting convened by the department of consumer affairs.
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'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.
'Consumers today are vigilant, informed, and increasingly aware of their rights—they will not tolerate deceit," Joshi said, warning that e-commerce platforms must act before the Central Consumer Protection Authority (CCPA) steps in.
The Centre has so far issued 11 notices to companies for violating the 2023 guidelines on dark patterns, which define and regulate 13 specific manipulative design practices under the Consumer Protection Act. These include false urgency, subscription traps, confirm-shaming, and trick-to-click mechanisms.
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However, the minister did not give the names of the companies that have been sent the notices, saying, 'Our aim is not to name and shame; rather, we want them to change their practices and adhere to consumer protection norms. If they fail to do so, strict action will be taken as per the laws of the land."
Digital tools to take on dark patterns
Wednesday's meeting also saw the government reiterate that companies which earlier took a safety pledge on National Consumer Day 2024 must now ensure their platforms align with that commitment.
'Dark patterns violate the very pledge these companies made to safeguard consumers," said consumer affairs secretary Nidhi Khare, who stressed the need for proactive steps to protect digital buyers.
She noted that complaints related to dark patterns have risen sharply on the National Consumer Helpline (NCH), and that users are directly flagging misleading features. The department is now working closely with consumers, law schools, and digital platforms to increase awareness and tighten compliance.
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In a bid to support enforcement, the government has also launched three tools developed with IIT BHU under the 2023 Dark Patterns Buster Hackathon—the Jagriti App, which allows consumers to report such practices, the Jago Grahak Jago App that offers real-time safety scores for e-commerce links, and the Jagriti Dashboard, which provides detailed data insights for regulators.
India is the first country to notify dedicated dark pattern guidelines, and officials said the aim is not to hamper business but to build a fairer, more ethical digital marketplace. 'This is not just regulatory compliance—it's about building trust with your consumers," Joshi told industry leaders, urging a collective approach to safeguarding online consumers.
European model
'India can learn from the European Union. They've created a solid framework with the general data protection regulation (GDPR) to protect people's personal data online. It requires companies to clearly ask for consent before collecting any information — like your name, email, or phone number. You have to actively say yes — they can't just assume it. This is called the opt-in method. It means nothing is pre-selected, and you are in full control. It's fair, transparent, and respects your choice. If we adopt similar rules in India, it will help prevent the use of dark patterns and build greater trust in our digital ecosystem," said Ravi Saxena, chief executive officer (CEO) of Wonderchef, a kitchen appliances company.