Dark patterns: Govt sets rules of the game for digital biz

The Central Consumer Protection Authority (CCPA) has notified guidelines for the prevention and regulation of dark patterns, which refer to tactics used by online platforms to manipulate or heavily influence customers to make certain choices.

- PEERZADA ABRAR

The move by the country's top consumer watchdog is likely to restrict malpractices on online travel and e-commerce platforms, according to executives.

The Guidelines for Prevention and Regulation of Dark Patterns, 2023, issued under section 18 of the Consumer Protection Act, 2019, were notified by the CCPA in the Official Gazette on November 30. These guidelines, prohibiting dark pattern practices, would apply to all platforms, systematically offering goods or services in India including advertisers and sellers. "No person, including any platform, shall engage in any dark pattern practice," the guidelines state.

"It was time to bring online booking especially airlines and hotels to book. The guidelines have a great impact as they enable regulators to go after the erring players," said K Narasimhan, advocate, Madras High Court. "I feel that even hospitals or online grocers, where basket sneaking is prevalent, will get reduced." E-commerce industry executives, while welcoming the guidelines, pointed out that some key clauses were broad and ambiguous.