Consultation Response to Draft Guidelines for Prevention and Regulation of Dark Patterns, Department of Consumer Affairs, Government of India

Abstract

In September 2023, the Department of Consumer Affairs, Government of India, sought public comments on Draft Guidelines for Prevention and Regulation of Dark Patterns in online choice architectures. The proposed Guidelines shall be issued under section 18 (2) (l) of the Consumer Protection Act 2019. The proposed Guidelines define certain dark pattern practices on online interfaces and illustrate them with examples. The objective of the Guidelines is to regulate specified dark pattern practices, which tend to manipulate or alter consumer choices, often by using deceptive or misleading techniques or manipulated user interfaces/web designs.

My response to the Indian Government’s consultation agrees with the Government’s assessment that specific dark pattern practices in online choice architectures warrant regulation and prohibition. I draw comparisons to the regulation of dark patterns in the United States and the European Union. I also suggest specific changes to the definition of dark patterns in the draft Guidelines and to the following specified dark patterns in Annexure 1: Basket sneaking, subscription trap, interface interference, drip pricing, and nagging. These suggested changes aim to increase the clarity and effectiveness of the Guidelines for Prevention and Regulation of Dark Patterns.

On 30 November 2023, the Central Consumer Protection Authority of India (CCPA) banned dark patterns (Gazette ID: CG-DL-E-30112023-250339). Annexure 1 of the Guidelines for Prevention and Regulation of Dark Patterns, 2023 contains a blacklist comprising 13 dark pattern practices. The final version of the CCPA’s Guidelines retains the shortcomings observed in the draft guidelines, which I point out in my submission.

Keywords: Dark patterns, consumer protection, choice architecture, manipulation, deception, UX design, Consumer Protection Act 2019