13th September 2024 (9 Topics)
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The Risse of Dark Patterns
Context
As digital platforms become central to everyday life, a concerning trend has emerged: dark patterns. These deceptive design practices manipulate users into making decisions they might not otherwise make, such as subscribing to unwanted services or disclosing personal information. Dark patterns exploit human psychology to benefit companies at the expense of consumers.
What is dark patterns?
- The term 'dark patterns' by Harry Brignull in 2010 refers to methods misleading users into giving money, time, or personal information.
- Dark patterns are carefully crafted interfaces that trick people into making decisions or performing actions that they otherwise would not.
- Dark patterns can range from subtle omissions to outright lies, but what they all have in common is that they undermine users’ intentions and cost them time or money they never meant to spend.
- Dark patterns exploit human psychology for the sole purpose of encouraging people to act against their best interests. This is unethical and can be illegal.
- Government Interventions
- Guidelines for Prevention and Regulation of Dark Patterns 2023: The Guideline specify 13 dark patterns namely; False urgency, Basket Sneaking, Confirm shaming, forced action, Subscription trap, Interface Interference, Bait and switch, Drip Pricing, Disguised Advertisements and Nagging, Trick Wording, Saas Billing and Rogue Malwares.
- Consumer Protection (E-commerce) Rules, 2020 (for protecting consumers from unfair practices)
Prevalence in India’s E-Commerce Sector
- India’s e-commerce sector is booming, expected to reach $350 billion by 2030.
- This growth, fueled by increasing internet and smartphone use—with 936.16 million internet subscribers and 350 million active online users—has also seen a rise in dark patterns.
- Common tactics include creating false urgency, burying subscription cancellations, and using confusing language to mislead users.
- Global regulations to address dark patterns
- European Union's Digital Services Act (DSA)
- General Data Protection Regulation (GDPR)
- Unfair Commercial Practices Directive (UCPD)
Cyber Law in India
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