Govt To Frame Guidelines To Regulate ‘Dark Patterns’ Practiced On Ecom Sites

The central government is reportedly planning to create guidelines for ecommerce platforms to regulate the usage of dark patterns, calling it an unfair trading practice.

“Dark patterns are unfair trade practice and a cause of concern,” Rohit Kumar Singh, secretary of the Ministry of Consumer Affairs, told the Economic Times.

In essence, dark patterns are design elements used by ecommerce platforms to trick, mislead and deceive consumers into making unintended purchases and sharing personal data.

Singh added that dark patterns are concerning issues for companies and individuals working in the ecommerce sector. It is primarily related to advertising or unfair trade practices used by ecommerce companies.

Earlier in November, the Advertising Standards Council of India (ASCI) shared plans of widening its online adverts code about ‘dark patterns’ in order to protect the interest of online consumers.

The body also stated that ecommerce websites spend scores of money in designing ‘dark patterns’ on their platforms to gain an additional source of revenue.

Recently, the European Data Protection Board (EDPB) has framed guidelines on dark patterns displayed on social media platforms. It has also recommended designers and users on how to scrutinise and avoid such patterns on social media platforms that violate GDPR requirements.

As per an ASCI report, 29% of adverts processed during 2021-22 are related to disguised dark pattern ads promoted by influencers. Crypto, fashion, ecommerce, personal care, food and beverage, and finance are some of the sectors promoting dark patterns to lure customers.

“Some dark patterns pertain to advertising and ASCI will look to formulate guidelines on the same based on our discussion paper and the feedback that we receive from different stakeholders,” said Manisha Kapoor, CEO, ASCI.

Besides restricting the use of dark patterns, the Centre also seeks to curb fake reviews on ecommerce platforms promoting products. 

Recently, the Indian government framed guidelines called  ‘Indian Standard (IS) 19000:2022 ‘Online Consumer Reviews – Principles and Requirements for their Collection, Moderation and Publication’ to restrict fake reviews on ecommerce platforms. 

Under the new framework, ecommerce companies have to create a code of practice and prerequisite terms and conditions to avert fake reviews and also address concerns pertaining to accessibility and privacy.