Dark Side of Advertising: Decoding Dark Patterns for Platforms and Endorsers

Recent concerns with mis-advertising have led to various pro-consumer measures in India. This includes overhauling the consumer laws and attaching liability to platforms, sellers and advertisers (including influencers and celebrities) for misleading ads and malpractices.

The latest pro-consumer measure is the regulation of dark pattern practices, by way of notification of ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines”).Continue Reading Dark Side of Advertising: Decoding Dark Patterns for Platforms and Endorsers

FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act

Introduction:

The new draft guidelines titled ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’[1] (“Draft Dark Pattern Guidelines”), released by the Department of Consumer Affairs in September 2023, define dark patterns as “any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users to do something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisement or unfair trade practice or violation of consumer rights”.Continue Reading FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act

Ecommerce Rules

Have you seen this while shopping online?

Hurry- Limited stock available!

Flash deal for 10 minutes only!

Have you been redirected to a download page instead of shutting a popup while playing an online game?

Have you selected food items at a certain price and suddenly noticed addition of delivery fee, packaging fee, partner fee, plus an additional tax just when you check out your cart?

Welcome to the world of dark patterns!Continue Reading Dark Patterns: An (un) fair trade practice?