In a significant move to curb manipulative online practices, the Ministry of Consumer Affairs has issued a stern advisory to e-commerce and digital platforms, urging them to audit their user interfaces and eliminate "dark patterns"—a term used to describe deceptive design techniques that mislead or coerce consumers into making unintended choices.
The ministry’s warning comes amid increasing scrutiny of digital business practices in India, particularly those that obscure critical information, exploit cognitive biases, or hinder users from making informed decisions online.
Background and Regulatory Framework
This advisory follows the implementation of guidelines introduced in 2023, which explicitly prohibit the use of dark patterns on online platforms. These guidelines were developed by the Department of Consumer Affairs under the Consumer Protection Act, 2019, aiming to foster transparency, fair competition, and consumer trust in digital markets.
Dark patterns can take many forms, including disguised advertisements, hard-to-cancel subscriptions, pre-selected checkboxes, misleading countdown timers, and bait-and-switch tactics. The ministry had earlier identified such patterns as a key concern impacting digital consumer rights.
Call for Voluntary Compliance and Self-Regulation
In its latest communication, the ministry has encouraged all online platforms—ranging from e-commerce websites and travel portals to fintech apps and OTT services—to initiate internal audits of their digital interfaces. Companies have been asked to review their user experience (UX) designs and ensure alignment with the consumer protection guidelines.
“We expect platforms to actively identify and remove practices that can be categorized as dark patterns,” a senior official from the Consumer Affairs Ministry told reporters. “The goal is to ensure that consumers can make free and informed choices, not ones shaped by manipulation or obscured options.”
The ministry has also hinted that continued use of such patterns may attract penalties under the Consumer Protection Act and associated rules.
Industry Reactions
Industry bodies and consumer advocacy groups have largely welcomed the move. The Internet and Mobile Association of India (IAMAI) acknowledged the importance of the directive and urged its members to strengthen their compliance mechanisms.
Some companies have already begun internal assessments of their platforms. “User trust is fundamental to our business. We are reviewing our design elements to ensure they meet both legal and ethical standards,” a spokesperson from a leading e-commerce firm said.
However, a few digital businesses expressed concerns about ambiguity in defining dark patterns, calling for more specific guidelines and examples from the government to avoid misinterpretation.
Consumer Impact and Way Forward
Consumer rights experts say the crackdown on dark patterns could lead to a more transparent and user-friendly digital ecosystem. “Many users fall prey to deceptive interface tricks without even realizing it. This initiative can empower consumers and set a higher standard for digital ethics,” said Anupam Gupta, a digital policy analyst.
The Consumer Affairs Ministry has also indicated that it may soon introduce a public platform where consumers can report instances of dark patterns. Additionally, a central repository of compliant and non-compliant practices may be published to serve as a reference for businesses and consumers alike.
As digital transactions and online consumption continue to rise in India, this move marks a critical step toward reinforcing digital accountability and safeguarding consumer autonomy in the online space.