In a significant legal development that will impact several advertisers and companies including e-commerce companies, the Central Consumer Protection Authority notified guidelines imposing a prohibition on the use of dark patterns.
A dark pattern practice means “any practice or a deceptive design using 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, amounting to misleading advertisement or unfair trade practice or violation of consumer rights.”
As per the notification, no advertiser, seller and/or platform systematically offering goods or services in India, can engage in dark pattern practices including the following:
- False Urgency.
- Basket Sneaking.
- Confirm Shaming.
- Forced Action.
- Subscription Trap.
- Interface Interference.
- Bait and Switch.
- Drip Pricing.
- Disguised Advertising.
- Trick Question.
- Nagging.
- SAAS Billing.
- Rogue Malwares.
All the above terms have been defined and supported by illustrations in the said notification.
Violations attract imprisonment and fines.
