It is necessary to protect consumers from misleading or coercive online tactics. In 2010, a phrase ‘dark patterns’ was coined by Harry Bringall, a user experience (UX) expert. Dark patterns refer to user interfaces (UIs) designed intentionally. The aim is to deceive, manipulate or compel users into specific actions. These run contrary to their preferences.

Mostly manipulative practices, these leverage cognitive biases — perceived scarcity, urgency, the need for validation. Users are thus prone to act hastily. There is fear of being left out.

Dark patterns have invited attention of the authorities. The European Union’s Digital Services Act aims to ban dark patterns. The UK has started investigating such practices. The US is concerned about deceptive design. In India, there are guidelines for prevention and regulation of dark patterns.

When consumers are led to unintended actions, their autonomy is undermined.

Some illustrations of dark patterns are subscription traps, interface interference (manipulation of information presentation), bait and switch tactics, false urgency (only 25 products are left), basket sneaking ( adding items without the knowledge of the user, surreptitious addition ), forced action (imposing additional purchases), use fear or guilt to influence user actions, drip pricing (price is concealed or delayed disclosure of price).

The guidelines are issued in exercise of powers conferred by the Consumer Protection Act, 2019. These are in fact an extension of the concept of ‘unfair trade practices’.

Indian transactions are based on trust, and the dark patterns erode the trust.

Despite the guidelines, what matters is the enforcement. There should be a robust enforcement mechanism. Regulators should stay ahead of new deceptive tactics.

Nagging falls between marketing and undue interference with the user experience. It is a subjective concept. There is litigation on such areas.

Guidelines align with the global efforts to fight deceptive design practices.