Dark patterns explained: meaning, types and ethical impact,

Why in News?
With the rapid expansion of the digital economy, dark patterns—deceptive design practices used by apps and websites—have emerged as a major consumer protection challenge. India has responded by invoking the Consumer Protection Act, 2019 and issuing dedicated CCPA Guidelines (2023) to curb such manipulative practices and restore trust in digital markets.

What are Dark Patterns?

Dark patterns are deceptive user-interface (UI/UX) designs that manipulate users into making choices they did not consciously intend—such as paying hidden fees, agreeing to subscriptions, or sharing personal data.

They undermine:

Informed consent
Consumer autonomy
Trust in digital platforms

In the digital economy, where information asymmetry is high, dark patterns represent a modern form of unfair trade practice.

Common Types of Dark Patterns

False Urgency: Artificial pressure like “Only 2 left!” or “Offer ends in 5 minutes”.
Basket Sneaking: Adding extra items or charges (insurance, convenience fee) without explicit consent.
Confirm Shaming: Guilt-inducing language such as “No, I don’t care about saving money”.
Forced Action: Compelling users to sign up, download apps, or share data to proceed.
Subscription Trap: Easy entry but difficult exit; cancellation options are hidden or complex.
Drip Pricing: Additional charges revealed only at the final checkout stage.
Bait and Switch: Advertising one option but delivering another after user clicks.
Nagging: Repeated pop-ups pressuring users to take a specific action.
Disguised Advertisements: Ads designed to look like system notifications or genuine content.

Regulatory Framework for Dark Patterns in India

1. Consumer Protection Act, 2019

India’s primary consumer rights law, replacing the 1986 Act.
Recognises unfair trade practices in e-commerce and digital platforms.
Provides time-bound grievance redressal and penalties.

2. Central Consumer Protection Authority (CCPA)

Statutory body under the Act with powers to investigate, penalise, and order discontinuation of unfair practices.
In November 2023, issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023, explicitly listing prohibited practices.

3. e-Jagriti Platform (2025)

A digital grievance redressal portal enabling:
- Online complaint filing
- Virtual hearings
- Real-time case tracking
Strengthens digital justice and accessibility for consumers.

Ethical and Economic Implications of Dark Patterns

Ethical Implications

Violation of consumer autonomy: Manipulates free and informed choice.
Lack of transparency: Relies on misleading design rather than honest disclosure.
Erosion of trust: Weakens confidence in digital platforms and institutions.
Exploitation of vulnerable groups: Elderly, children, and first-time internet users are disproportionately affected.

Economic Implications

Market distortion: Rewards deceptive firms over ethical competitors.
Hidden financial costs: Unwanted subscriptions, fees, and purchases reduce consumer welfare.
Long-term business risk: Regulatory penalties and reputational damage raise compliance costs.
Reduced market efficiency: Declining trust slows digital adoption and participation.

Way Forward

1. From Caveat Emptor to Caveat Venditor

The traditional “Buyer Beware” approach is inadequate in digital markets. India must move toward “Seller Beware”, where platforms bear the burden of proving that their UI designs are transparent and non-manipulative.

2. Ethics by Design

Mandate Ethical UI/UX frameworks through collaboration between CCPA and MeitY.
Encourage Digital Ethics Audits to ensure algorithms do not exploit behavioural psychology.

3. Strengthening Algorithmic Accountability

As dark patterns become AI-driven, the proposed Digital India Bill should mandate:
- Algorithmic transparency
- Auditability of personalised nudges
Regulators must be able to inspect targeting practices that exploit vulnerable users.

4. Global Regulatory Convergence

Align India’s approach with frameworks like:
- EU Digital Services Act (DSA)
- UK Online Safety Act
A global code of conduct can prevent regulatory arbitrage by multinational platforms.

5. Empowering the Digital Nagarik

Complement e-Jagriti with large-scale digital literacy campaigns.
Train users to recognise subscription traps, confirm shaming, and drip pricing—transforming them from passive users into informed digital citizens.

Conclusion

Dark patterns highlight the ethical fault lines of the digital economy. While India’s regulatory response marks a decisive shift toward consumer-centric governance, sustained success depends on ethical design, algorithmic accountability, global cooperation, and empowered users. In the digital age, fair design is not optional—it is foundational to trust, competition, and democracy.