In the present times, there is too much use of social media and online platforms as advertising and marketing tools. We all are aware of the methods deployed by websites and online platforms to grab consumers’ attention. We all have experienced that once we show some interest in some product/service, then we will come across many advertisements on our social media account about the same or similar product/service.
We are unaware, what is being advertised to us in the name of ‘personalised experience’ is actually known as “DARK PATTERNS”. These tailored experiences are in fact manipulative schemes employed by website owners, online platforms and such leading a consumer into giving up their data, time, and money either by way of misleading advertisements or entrapment of consumers in a vicious cycle of continued subscriptions/memberships.
What are Dark Patterns?
The term dark patterns was first coined in 2010 by London-based Harry Brignull, and this term has become commonplace status in digital marketing. He defined Dark Patterns as “ a user interface that has been carefully crafted to trick users into doing things that are not in their interest and usually at their expense”. In simple words- a dark pattern is a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interests.
One of the more serious ramifications of the disguised use of dark patterns by websites is to trick customers into granting consent to being tracked, or for having their data used in a manner not expected or desired. These dark patterns are often presented in a manner where the consumer is led to believe that they get to decide the extent of data shared or actively control the privacy settings, when in fact the interface is designed to intentionally steer consumers toward the options that give away the most personal information.
The Indian Scene
To address the growing concerns surrounding the dark patterns, as well as to educate and sensitise consumers Advertising Standards Council of India (ASCI) has formed a task force consisting of 12 members. Based on the deliberations made and discussions held by the task force, ASCI is looking to extend the ASCI code on misleading ads to cover dark patterns, such as
- Drip Pricing– Ambiguous or incomplete information of price, in particular, excluding taxes, duties, etc. which are only revealed at the very end of the buying process, thereby creating ambiguity around the final price. Quoted price must include all the taxes, duties, fees, and charges that apply to the product/service.
- Bait and Switch– When an ad directly or indirectly implies one outcome based on the consumer’s action, but instead serves an alternative outcome, the same would be considered misleading.
- False Urgency– Stating or implying that quantities of a particular product are more limited than they actually are.
- Disguised Advertisement– An advertisement that is of a similar format as editorial or organic content must clearly disclose that it is an ad. Examples could be influencer posts, paid reviews, and ads placed in a manner to appear like the content.
- Checkbox Treachery– checkboxes in the form of opt-in or opt-out checkboxes that businesses use to give customers notional control over how their contact data is used.
- Sneak–in Basket– When consumers purchase something, additional products are added into the basket of the consumer, without their knowledge.
- Privacy- Interface that tricks users into sharing more information than they intend. Users may give up this information unknowingly or through practices that obscure or delay the option to opt out of sharing their private information.
- Confirm Shaming- repeatedly asking users for the same thing. There is often no option to make it stop, with the hope of eventually breaking users and getting them to agree to sharing data or agreeing to unfair terms.
The covert nature of dark patterns makes its identification and consequent resolution challenging. However, as the perversion of online space by dark patterns directly affects the consumer experience, careful monitoring of such practices is crucial.
Now, looking into the increasing menace posed by ‘dark patterns’-tactics, The Consumer Affairs Ministry has called all major online players for a meeting. The executives of nearly two dozen online platforms and industry heads including from Flipkart, Amazon, Zomato, Meta, Google, Make My Trip, Yatra, Uber, Ola, Big Basket Meesho, Pharma Easy, Tata 1mg have agreed to attend the meeting.
As per the ministry, “government is concerned over the proliferation of dark patterns on e-commerce platforms. The consumers must not be forced or directed towards unintended consequences without their express consent and consent by deceit is not express consent”. The government is intending to ask online platforms to establish ethical design guidelines and conduct independent audits, which can help identify and rectify dark patterns. The online platforms will also be urged to equip users with tools and resources that allow them to make informed choices online and encourage users to report instances of dark patterns they encounter.
So let us wait and watch what the government and online platforms will agree to do to reduce the menace of dark patterns.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
13th June 2023