The Central Government is turning up the heat on e-commerce platforms that manipulate users through deceptive design tactics known as “dark patterns.”
These misleading strategies are being treated as unfair trade practices and could result in strict legal consequences. Speaking to ANI, Consumer Affairs Secretary Nidhi Khare raised a red flag on how some e-commerce players are distorting user experience to drive sales, subscriptions, or clicks, often without the consumer’s informed consent. “AI can be used mischievously to create propaganda and misinformation. E-commerce entities are using all kinds of dark patterns like not highlighting the bad reviews,” said Khare. Dark Patterns: The Hidden Traps In Online Shopping Dark patterns can include a wide range of deceptive tricks, from fake urgency alerts to subscription traps, bait-and-switch pricing, and burying negative reviews. These tactics often exploit a user’s cognitive biases, pushing them into decisions they may not have made otherwise. Khare emphasised that these practices violate consumer trust and warned, “In case someone is found to be using dark patterns, it will be treated as an unfair trade practice, and the law will take its own course.” The Department of Consumer Affairs released official guidelines in November 2023, clearly defining 13 types of dark patterns. Since then, 11 notices have already been sent out to major players like Zepto, Uber, and Ola. Government Pushes For Self-Audits And Responsible Tech Use To avoid legal trouble, e-commerce platforms are being urged to self-audit and adopt responsible design standards. The Department is also encouraging platforms to sign a safety pledge, ensuring that regulated or harmful products are not sold online. “You must have seen how, in their warehouses, several raids have taken place and such products have been found which were not of the required standards,” Khare noted. Meetings with online retailers are ongoing, aiming to build awareness and accountability across the sector. Beyond Dark Patterns: Broader Consumer Protections Coming Khare also highlighted broader regulatory reforms in legal metrology and consumer rights in the report. With the decriminalisation of certain business offences and a push to reduce compliance burdens, the government aims to make regulation both stricter and smarter. “We would want the dealers, the manufacturers or the sellers, all these people, to comply with the quality and the quantity,” she said. The Department is also working to ensure that GST reductions benefit end-users. “We are encouraging all the trade organisations... to proactively ensure that the benefit of this reform GST should go on to the consumers,” Khare added, states the report.
