The ‘India playbook’ on how to snap out of dark patterns

The regulatory approach to curbing ‘dark patterns’ in ecommerce – deceptive online practices that trick consumers into purchases and other agreements – has typically involved assessing its prevalence, prescribing negative and positive obligations, and raising awareness. India has joined a growing list of countries that have rules against such manipulation.

This is an admission that the market is by itself incapable of correcting for dark patterns and requires regulatory intervention. Identified patterns – disguising advertising as content, making it difficult to cancel subscriptions, burying key terms and charges, tricking consumers into sharing data, etc – are progressively being counteracted.

But the pace and scale of regulatory intervention may not be keeping up with the growth of ecommerce.

Effective deterrence requires a better coordinated response by regulators, ecommerce providers and consumers. Its extent must be mapped and shared with consumers.

Ethical behaviour should be encouraged among ecommerce providers through existing regulations, and possibly add-ons specific to this kind of commerce.

Some forms of behaviour, such as ‘confirm sharing’ or nagging, may not constitute illegality and may require principle-based prohibitions. This would be a wider stance to avoid abuse, irrespective of specifics, where intent would be addressed. This is relevant to AI that can be used to deploy subliminal techniques to exploit consumer vulnerabilities.Architecture of ecommerce platforms is another area for regulatory intervention.

Dark patterns can be reduced through fairness by design, where the consumer is nudged towards choices that are in her best interests, not those of business.

Such ‘bright patterns’ can become an effective countermeasure, and can be implemented through consumer-friendly digital choice architecture.

Indian regulators would do well to take on board the experience of other jurisdictions tackling dark patterns through a combination of disclosure, principle-based restrictions and architecture influence.

_{Images are for reference only.Images and contents gathered automatic from google or 3rd party sources.All rights on the images and contents are with their legal original owners.}