E-Commerce Platforms Urged by Minister Pralhad Joshi to Comply with Dark Patterns Guidelines

Union Food and Consumer Affairs Minister Pralhad Joshi has urged major e-commerce platforms to adhere to government guidelines on dark patterns. He warned that non-compliance would lead to actions aimed at safeguarding consumer interests. E-commerce companies have been instructed to conduct internal audits to identify dark patterns, which are deceptive designs that mislead consumers into unintended decisions.

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Joshi emphasised the importance of fairness, transparency, and accountability in digital marketplaces. He stated that if the guidelines are not followed, legal actions will be taken. The minister also highlighted the need for e-commerce players to submit audit reports to the Department of Consumer Affairs. A joint working group will be established to ensure effective implementation of these guidelines and curb unfair trade practices.

Dark Patterns Guidelines and Compliance

In November 2023, the Central Consumer Protection Authority (CCPA) issued Guidelines for Prevention and Regulation of Dark Patterns under the Consumer Protection Act, 2019. These guidelines aim to address dark patterns on both digital and offline platforms. Joshi held discussions with stakeholders to address consumer concerns and explore solutions for tackling dark patterns effectively.

The government has identified 13 specific dark patterns, including 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. Joshi mentioned that e-commerce players have committed to complying with these guidelines.

Stakeholder Engagement and Enforcement

More than 50 e-commerce representatives attended a meeting organised to raise awareness among stakeholders about dark pattern guidelines. Key participants included Amazon, Flipkart, 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.

Consumer Affairs Secretary Nidhi Khare noted that the CCPA has issued 11 notices related to dark patterns. Overall, more than 400 notices have been issued for unfair trade practices. The government plans to investigate dark patterns in quick-commerce platforms as well. Khare assured that the CCPA will take action against unfair practices across sectors after thorough investigations.

The meeting also included participation from key industry organisations such as Voluntary Consumer Organizations (VCOs) and leading National Law Universities (NLUs). These stakeholders were engaged in discussions about consumer protection and compliance with the new guidelines.

Regarding advance tipping by cab aggregators like Uber and Ola, Joshi mentioned that notices have been sent to these operators. The focus remains on ensuring consumer autonomy and preventing deceptive practices across various sectors.

The guidelines define dark patterns as any deceptive design using user interface or experience interactions on platforms intended to mislead users into actions they did not originally intend or want. This includes impairing consumer autonomy or decision-making.

With inputs from PTI