What are Dark Patterns?

About Dark Patterns:

• It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take.
• The term "dark pattern" was coined in 2010 by UK-based user experience designer Harry Brignull.
• Dark patterns exploit cognitive biases and psychological principles to influence user behavior.
• They can range from subtle and mildly misleading to overtly aggressive tactics.
• The practice is seen across a wide range of sectors, from retail to travel, health to social media.
• One example is the "sneak into basket" design, where an additional item is quietly added to a user's online shopping cart without explicit consent.
• Another common tactic is presenting a large, brightly coloured "Accept" button for cookies or subscriptions, while hiding or minimising the "Reject" option.
• These interface choices are not accidental, they are calculated to guide users towards choices that benefit the company, often at the consumer's expense.
• Dark patterns can also take the form of hidden costs that only appear at the final stage of checkout.
• Regulation:
  • In many countries, including India, there is no dedicated law that explicitly outlaws the practice.
  • For instance, under India's Consumer Protection Act, 2019, unfair trade practices are prohibited but enforcement depends on proving that a pattern is deceptive, intentional, and has caused harm.
  • This is often difficult in digital contexts, where user interaction is rapid.
  • In November 2023, the Department of Consumer Affairs, Government of India, released guidelines for 13 dark patterns.
  • According to these guidelines, the use of any of these prescribed dark patterns amounts to a misleading advertisement, an unfair trade practice, or a violation of consumer rights.