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Business Standard

Govt tells e-commerce firms to audit dark patterns, submit yearly reports

The government has asked e-commerce platforms to conduct annual internal audits on dark patterns and submit their disclosure reports to the Department of Consumer Affairs (DoCA), Pralhad Joshi, Minister of Consumer Affairs, said on Wednesday after meeting with more than 50 e-commerce platforms on the issue. The Ministry will also constitute a joint working group with stakeholders to examine the use of dark patterns, Joshi said after the meeting. 'These are deliberate actions by platforms, and the usage is not happening on a small scale. 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,' he said. In the meeting with representatives from several e-commerce platforms, executives were sensitised to the use of dark patterns—practices or deceptive design patterns that mislead or trick users, essentially subverting or impairing their autonomy. This comes as part of the Ministry's broader crackdown on the rampant use of such patterns. The government had notified guidelines for the prevention and regulation of dark patterns in 2023. Since the issuance of these guidelines, the Central Consumer Protection Authority (CCPA) has sent 11 notices to companies across sectors such as pharmaceuticals and ticketing platforms. Of these, four were issued to cab aggregators like Uber, Ola, and Rapido over their 'advance tip' feature. DoCA had identified 13 commonly used dark patterns on e-commerce websites and mobile apps, including false urgency, basket sneaking, subscription traps, and nagging. Describing these as 'unfair trade practices that violate consumer rights,' the government has been working towards creating a transparent and fair digital marketplace where consumers can make informed decisions without being misled or coerced. Dark patterns are defined as practices or deceptive design mechanisms using UI/UX (user interface/user experience) interactions on any platform. They are designed to mislead or trick users into taking actions they did not originally intend. The Ministry of Consumer Affairs has been working to eliminate the use of such patterns by e-commerce platforms and online portals. Last year, the government notified guidelines to prevent the usage of dark patterns, including specific examples like 'basket sneaking' and 'confirm shaming'. Basket sneaking refers to the inclusion of additional items—such as products, services, or donations—at the time of checkout from a platform without the user's consent. Confirm shaming refers to the use of phrases, videos, audio, or other means to create a sense of fear, shame, ridicule, or guilt in the mind of the user, nudging them to act in a way that results in purchasing a product or service. In December last year, the department launched three apps—Jago Grahak Jago, Jagriti, and the Jagriti Dashboard—to enhance the CCPA's ability to take suo motu action against dark patterns.