Managing Deceit: Analyzing the Consequences of India's "Dark Patterns" Guidelines

Dark patterns are deceptive user interface designs used by websites and apps that operate online to persuade people to make decisions they might not have otherwise. These deceptive practices are everywhere; they may be seen on everything from well-known news websites to your preferred food delivery service. To increase their earnings, almost all internet services use some kind of fraud or user manipulation.

Under Section 18 of the Consumer Protection Act of 2019, the Department of Consumer Affairs (DoCA) established Guidelines for Prevention and Regulation of Dark Patterns in response to this issue. Their main goals are to promote transparency in the internet marketplace and put an end to dishonest tactics. Considering that up until now the Indian legal system had been mainly silent on the subject of dark patterns, this is a noteworthy and respectable step.

The new guidelines aim to include a wide range of companies, including platforms, advertising, and sellers who regularly offer goods and services in India. Notably, this goes beyond companies with physical locations in India because the restrictions also apply to companies that operate outside of India and provide goods or services to Indian nationals. Within India’s privacy framework, the discussion of dark patterns is closely linked to user autonomy. Dark patterns can be used to manipulate users and divert their attention. This can invalidate user permission and allow platforms to acquire and handle personal data without authorization.