Lok Sabha Question No. 907 (UNSTARRED), answered on 2024-02-07
Subject: Proliferation of Dark Patterns
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: D. Ravikumar

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA

## UNSTARRED QUESTION NO. 907

TO BE ANSWERED ON 07.02.2024

## PROLIFERATION OF DARK PATTERNS

## 907. SHRI RAVIKUMAR D.:

## Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether the Ministry is  cognizant of the proliferation of dark patterns on e-Commerce platforms and other platforms which include a wide range of manipulative practices including bait and click and other privacy concerns;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether the Government plans to collaborate with the other Government agencies, consumer advocacy groups, or industry stakeholders to address the issue of dark patterns, if so, the details thereof; and
- (d) the details of the specific measures that have been proposed or considered by the Ministry in response to the  rise  of  dark  patterns  across  various  sectors,  such  as  online  shopping,  e-ticketing,  restaurants  and travel that infringe on consumer rights?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ( श्री अश्विनी कु मार चौबे )

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a)  to  (d)  :  Dark  patterns  involve  using  design  and  choice  architecture  to  deceive,  coerce,  or  influence consumers into  making  choices  that  are  not  in  their  best  interest.  Dark  patterns  encompass  a  wide  range  of manipulative practices such as drip pricing, disguised advertisement, bait and switch, false urgency etc. Such practices fall under the category of "unfair trade practices" as defined under the Consumer Protection Act, 2019.

The Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019 has, following consultations with relevant stakeholders,  issued 'Guidelines for Prevention and Regulation of Dark Patterns, 2023' on 30th November, 2023 for prevention and regulation of dark patterns listing 13 specified dark patterns.

To  safeguard  consumers  from  unfair  trade  practices  in  e-commerce,  the  Department  of  Consumer Affairs  has  also  notified  the  Consumer  Protection  (E-commerce)  Rules,  2020  under  the  provisions  of  the Consumer Protection Act, 2019. These rules inter-alia outline the responsibilities of e-commerce entities and specify  the  liabilities  of  marketplace  and  inventory  e-commerce  entities,  including  provisions  for  customer grievance redressal.

The  Bureau  of  Indian  Standards  (BIS)  has  notified  framework  on  'Online  Consumer  Reviews  Principles and Requirements for their Collection, Moderation and Publication' on 23.11.2022 for safeguarding and protecting consumer interest from fake and deceptive reviews in e-commerce. The standards are voluntary and are applicable to every online platform which publishes consumer reviews. The guiding principles of the standard are integrity, accuracy, privacy, security, transparency, accessibility and responsiveness.