SUMMARY
Rohit Kumar Singh, secretary of the Department of Consumer Affairs, highlighted that all ecommerce platforms should have systems where they manage fake reviews
This comes days after the Centre notified a host of guidelines addressing the regulation of “wrongful practices” known as ‘dark patterns’ to curb the deceptive behaviour of ecommerce companies
The final guidelines have marked 13 types of dark patterns, up from the 10 identified earlier as part of the draft
With India experiencing an unprecedented spike in online shopping space, the government is reportedly planning to make it mandatory for ecommerce sites to adopt a system of curbing fake reviews based on its norms.
This comes days after the Centre notified a host of guidelines addressing the regulation of “wrongful practices” known as ‘dark patterns’ to curb the deceptive behaviour of ecommerce companies. The final guidelines have marked 13 types of dark patterns, up from the 10 identified earlier as part of the draft.
Rohit Kumar Singh, secretary of the Department of Consumer Affairs, highlighted the need for authentication of product reviews, emphasising the development of standards in the Bureau of Indian Standards (BIS) to manage and prevent fake reviews, Moneycontrol reported.
“And next month, we are toying with the idea of making it compulsory that all ecommerce platforms should have systems where they manage fake reviews,” Singh said.
The senior bureaucrat addressed the issue of dark patterns in ecommerce, describing them as manipulative practices employed by platforms to influence consumer behaviour negatively.
“Last month, we issued guidelines for dark patterns. What are dark patterns? They are manipulative practices deployed by ecommerce platforms to manipulate consumer behaviour. You are nudged in a direction where you don’t want to go. You might have a cart of INR 5,000, you see INR 5 added when checking out,” said Singh.
He added, “In airline tickets, you are given travel insurance automatically. We are saying don’t do this… If you want to subscribe, one click. If you want to unsubscribe, then 30 clicks.”
Singh further said that the government is set to release guidelines to prevent ‘greenwashing’.
“We are coming out with guidelines in the next fortnight that this is greenwashing, please don’t fool consumers. The consumer is paying 1.2 to 1.5 times more because he thinks it is a green product. But it is not a green product,” he added.
Meanwhile, the Department of Consumer Affairs had warned ecommerce platforms against the use of ‘dark patterns’ in their user interface. In this regard, the department had written a letter to major ecommerce platforms, as stated by Singh on June 30.
A soft approach was initially taken on June 13, followed by a stern letter on June 28, threatening action if non-compliance persisted. The department had also indicated its intent to issue guidelines ‘in a couple of months’ on the matter if the industry did not comply voluntarily.
Some of these dark patterns include False Urgency, Subscription Traps, Confirm Shaming, Forced Action, Bait and Switch and Hidden Costs.
The Department of Consumer Affairs arrived at these draft norms after a comprehensive stakeholder consultation held in June, which included attendees from the Advertising Standards Council of India (ASCI), multiple ecommerce platforms, and law firms.
During the meeting, there was a broad consensus that dark patterns present a significant issue. The Department of Consumer Affairs then directed ecommerce platforms to avoid incorporating these elements. A subsequent task force, consisting of representatives from Google, Flipkart, Reliance Industries, Amazon, Swiggy, Zomato, Ola, Tata CLiQ, and Meta, among others, was established to develop these guidelines.
In September, ASCI released guidelines on ‘Online Deceptive Design Patterns in Advertising’ to counter dark patterns in digital ads.
According to an ASCI report, nearly 29% of advertising complaints processed by it during 2021-22 pertained to dark patterns and were promoted by influencers. Sectors such as crypto, fashion, ecommerce, personal care, food and beverage, and finance led the charts in incorporating such elements.
