Dark Patterns

• Dark patterns are deceptive and manipulative user interface (UI) design techniques.
• They are employed by websites, apps, and other digital platforms to trick or manipulate users into taking actions they may not intend to take or to make decisions that are not in their best interest.
• Theterm “dark patterns” was coined in 2010 by Harry Brignull, a user experience specialist.
• These patterns are often used to encourage users to sign up for services, make purchases, or share personal information, among other things.
• Dark patterns exploit cognitive biases and psychological principles to influence user behaviour.
• They can range from subtle and mildly misleading to overtly aggressive tactics.

Types of Dark Patterns

• “False urgency” involves falsely conveying or implying a sense of urgency to users.
• “Basket sneaking” entails adding additional items to a user’s cart during the checkout process without their consent.
• “Confirm shaming” uses phrases, videos, audio, or other means to evoke fear, shame, ridicule, or guilt in users.
• “Forced action” compels users to take actions that necessitate purchasing additional goods.
• “Subscription trap” makes it nearly impossible or overly complex for users to cancel paid subscriptions.
• “Interface interference” manipulates the user interface for deceptive purposes.
• “Bait and switch” advertises a specific outcome based on user actions.
• “Drip pricing” conceals elements of prices until later in the transaction.
• “Disguised advertisement” and “nagging” are also defined in the guidelines.

Regulation of Dark Patterns in India

• The Department of Consumer Affairs has sought public comments on Draft Guidelines for Prevention and Regulation of Dark Patterns.
• The Guidelines for Prevention and Regulation of Dark Patterns, 2023, introduced by the Central Consumer Protection Authority (CCPA), prohibit practices like false urgency, hidden costs, forced continuity, and other manipulative tactics.
• The CCPA has the authority to enforce these guidelines and penalize violators.

What do users stand to lose because of dark patterns?

• Lack of Transparency:
  • Dark patterns can obscure important information, making it difficult for users to fully understand the implications of their actions.
  • This can lead to uninformed decision-making and potential financial or privacy risks.
• Reduced Autonomy:
  • It manipulates user behaviour, limiting their freedom of choice.
  • Users may feel coerced or pressured into making decisions they wouldn’t have otherwise made, leading to buyer’s remorse or dissatisfaction.
• Privacy Concerns:
  • Some dark patterns may manipulate users into sharing more personal data than they intended or agreeing to privacy settings that compromise their confidentiality.
  • This can have implications for data security and expose users to potential privacy breaches.
• Negative User Experience:
  • Dark patterns often create frustrating and confusing experiences for users.
  • They may feel deceived or manipulated, leading to a loss of trust in the platform or brand and a diminished overall user experience.