Lok Sabha Question No. 540 (UNSTARRED), answered on 2025-07-23
Subject: Guidelines for Prevention and Regulation of Dark Patterns,2023
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Smt. Bharti Pardhi, Shri Shrirang Appa Chandu Barne

## Government of India

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

## LOK SABHA

## UNSTARRED QUESTION NO. 540

TO BE ANSWERED ON 23.07.2025

## GUIDELINES FOR PREVENTION AND REGULATION OF DARK PATTERNS, 2023

540. SMT. BHARTI PARDHI: (OIH) SHRI SHRIRANG APPA CHANDU BARNE:

## Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION be pleased to state:

- (a) the specific steps being taken by the Government to ensure strict compliance of the 'Guidelines for Prevention and Regulation of Dark Patterns, 2023' by online platforms;
- (b) the mechanisms put in place for consumers to report such practices along with the average time taken for resolution of such complaints;
- (c) the  steps  being  taken  by  the  Government  to  strengthen  the  'Consumer  Protection  (E-Commerce) Rules, 2020' in order to ensure greater accountability of e-commerce entities particularly with regard to product quality, timely delivery and effective grievance redressal mechanism; and
- (d) whether the Government has any plans to impose strict penalties for platforms failing to comply with these Rules, if so, the details thereof?

## ANSWER

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI B.L.VERMA)

(a) to (d) : Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the  Consumer  Protection  Act,  2019,  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  identified  in  e-Commerce  sector.  These  dark  patterns  include  false  urgency,  Basket  Sneaking, Confirm  shaming,  forced  action,  Subscription  trap,  Interface  Interference,  Bait  and  switch,  Drip  Pricing, Disguised Advertisements, Nagging, Trick Wording, Saas Billing and Rogue Malwares.

In  furtherance,  to  safeguard  consumer  rights  and  promote  fair  trade  practices,    Department  of Consumer Affairs, Government of India convened a meeting on 28 th May 2025 under the chairmanship of Hon'ble Minister of Consumer Affairs, Food & Public Distribution and New and Renewable Energy with representatives from major e-commerce companies, industry associations, Voluntary Consumer Organizations  and  National  Law  Universities  for  a  focused  dialogue  on  eliminating  deceptive  online practices.

As an outcome of the said meeting, an 'Advisory in terms of Consumer Protection Act,2019 on Self-Audit by E-Commerce Platforms for detecting the Dark Patterns on their platforms to create a fair, ethical and consumer centric digital ecosystem' was issued by  Central Consumer Protection Authority on 5 th June,2025 .

All E-Commerce platforms have been advised through the said Advisory to take necessary steps to ensure that their platforms do not engage in such deceptive and unfair trade practice which are in the nature of Dark Patterns.  Further, all E-Commerce platforms have been advised to conduct self-audits to identify dark patterns, within three months of the issue of the advisory and take necessary steps to ensure that their  platforms  are  free  from  such  dark  patterns.    Based  on  the  self-audit  reports,  the  E-Commerce platforms should also give self-declarations that their platform is not indulging in any dark patterns in order to ensure fair digital ecosystem along with building trust between consumers and e-commerce platforms.

A Joint Working Group, comprising   representatives from Ministries, National  Law Universities and  Voluntary  Consumer  Organizations,  has  been  constituted  vide  Office  Memorandum  dated  5 th June,2025  for  identifying  the  dark  patterns  and  stakeholders  to  work  together  in  creating  a  transparent, ethical and user-centric online environment .

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 consumer grievance redressal.

As per  Consumer Protection  Act,  2019  under  Section  21  (2),  Central  Government  is  vested  with powers to impose a penalty in respect of false or misleading advertisements by a manufacturer or endorser, which may extend to ten lakh rupees and for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees.

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