E-commerce Dark Patterns: Joshi Warns Platforms

New Delhi, May 28 (PTI) Union Food and Consumer Affairs Minister Pralhad Joshi on Wednesday asked all major e-commerce platform to follow the government's guidelines on 'dark patterns', else actions will be taken to protect consumers' interest.

The minister said the e-commerce players have also been told to conduct internal audits to examine the presence of 'dark patterns', defined as deceptive user interface designs that mislead or manipulate consumers into making unintended choices.

E-commerce players need to submit an audit report to the department of consumer affairs. He said a joint working group will also be set up for effective implementation of the guidelines and curb this unfair trade practice.

In November 2023, the Central Consumer Protection Authority (CCPA), under the Consumer Protection Act, 2019, issued Guidelines for Prevention and Regulation of Dark Patterns, 2023, to curb 'dark patterns' on digital and offline platforms.

On Wednesday, Joshi held discussions with stakeholders to discuss consumer concerns over 'dark patterns' and explore more effective solutions to tackle the issue.

"Representatives of More than 50 e-commerce players participated in the meeting which was organised to sensitise all stakeholders. We have asked for full compliance with dark pattern guidelines," Joshi told reporters.

He said the government has identified 13 dark patterns. These are False Urgency, Basket Sneaking, Confirm Shaming, Forced action, Subscription trap, Interface interference, Bait and Switch, Drip Pricing, Disguised advertisement, Nagging, Trick question, Saas Billing, and Rogue Malwares.

"Consumer interest is paramount," Joshi said, adding that the e-commerce players have promised to abide by these guidelines.

The minister stressed on the need that digital marketplaces are governed by fairness, transparency, and accountability.

In case they do not follow guidelines, action will be taken as per the law, Joshi said.

On 'advance tipping' by cab aggregators, the minister said the notices have been given to ride-hailing operators.

Consumer Affairs Secretary Nidhi Khare said the CCPA has issued 11 notices under dark patterns. Overall, she said more than 400 notices have been issued for unfair trade practices.

She said the government will also look into dark patterns by quick-commerce platforms.

The secretary asserted that the CCPA will take actions against unfair trade practices in any sector after proper investigation.

According to the guidelines, dark patterns have been defined as any practice or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice.

All major e-commerce platforms, working in the food, travel, cosmetics, pharmacy, retail, clothing and electronics sectors participated in the meeting.

Some of the key stakeholders present in the meeting were Amazon, Flipkart, 1mg.com, Apple, BigBasket, Meesho, Meta, MakeMyTrip, Paytm, Ola, Reliance Retail Limited, Swiggy, Zomato, Yatra, Uber, Tata, EaseMyTrip, Clear Trip, IndiaMart, IndiGo Airlines, ixigo, JUSTDIAL, Medika Bazaar, Netmeds, ONDC, Thomas Cook, and WhatsApp.

Key industry organisations, including Voluntary Consumer Organizations (VCOs) and leading National Law Universities (NLUs), also participated in this meeting.