DoCA and ASCI Consult on “Dark Patterns” to Protect Consumers
In order to discuss about the issue of Dark Patterns in the online space a consultation with stakeholders in Mumbai was organised by department of consumer affairs (DGCA) and Advertising Standards Council of India (AGSI)
Dark patterns refer to manipulative practices that deceive consumers and infringe upon their rights. The consultation aimed to address the prevalence of these deceptive practices and develop a self-regulatory framework to tackle the challenges they pose.
During the consultation, various types of dark patterns were highlighted, including tactics such as urgency, basket sneaking, confirm shaming, forced action, nagging, subscription traps, interface interference, bait and switch, hidden costs, and disguised ads. These practices manipulate consumer choices, impede informed decision-making, and can lead to unintended purchases, addiction, overuse, and privacy violations.
Rohit Kumar Singh, Secretary of the Department of Consumer Affairs, emphasized that the protection of consumers is of paramount concern. He stated that consent obtained through deceit is not valid consent and urged the industry to self-regulate and address this issue. He expressed the willingness of DoCA to provide assistance to ASCI in developing a comprehensive framework to protect consumers.
Anupam Mishra, Joint Secretary of the Department of Consumer Affairs, presented a detailed presentation on dark patterns, which was appreciated by all stakeholders for its exhaustive coverage of the subject.
Manisha Kapoor, CEO and Secretary General of ASCI, highlighted the importance of addressing deceptive patterns in online advertising, as they negatively impact consumers’ online experiences and erode trust in brands and advertising. She expressed gratitude for DoCA’s support in addressing this issue and emphasized the need for guidelines and rules to eliminate deceptive patterns.
The consultation discussed self-regulatory measures in various categories, including online shopping, e-ticketing, restaurants, and travel. The consultation involved industry stakeholders, top executives from major platforms, and representatives from organizations such as Flipkart, Zomato, Amazon, Meta, Google, MakeMyTrip, Yatra, Snapdeal, Uber, Ola, Big Basket, Meesho, Pharmeasy, Tata 1mg, and Shiprocket. The organisations which attended the event included NASSCOM, Retailers Association of India, legal firm Khaitan & Co as well as ONDC.
The discussion concluded with a commitment to address deceptive online practices and protect consumer interests. It was agreed that the industry, along with all stakeholders, should develop a self-regulatory framework with representation from all sectors. This marks an important step forward in combating the challenges posed by dark patterns.
