Lok Sabha Question No. 2558 (UNSTARRED), answered on 2024-12-11
Subject: Use of Dark Pattern Methodology by Companies in Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri Imran Masood

## Government of India

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

## LOK SABHA UNSTARRED QUESTION NO. 2558 (OIH) TO BE ANSWERED ON 11.12.2024

## USE OF DARK PATTERN METHODOLOGY BY COMPANIES IN ADVERTISEMENTS

2558.  SHRI IMRAN MASOOD:

(OIH)

## 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 Government is aware that several online platforms and offline companies are using dark pattern methodology for advertising content to lure consumers;
- (b) if so, the manner in which the Government proposes to curb the increasing use of dark patterns in advertisements on online and offline platforms;
- (c) whether  the  exaggerated  and  false  promotions  carried  out  by  educational  institutions,  healthcare units and real estate companies fall under the category of dark patterns; and
- (d) the  details  of  measures  the  Government  proposes  to  take  to  control  dark  patterns  for  consumer protection?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h (श्री बी.एल. वर्मा )

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

(a)  to  (d)  :  Department  of  Consumer  Affairs  is  continuously  working  for  consumer  protection  and empowerment  of  consumers  by  enactment  of  progressive  legislations.  With  a  view  to  modernize  the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets etc. Consumer Protection Act, 1986 was repealed and Consumer Protection Act 2019 was enacted.

The Consumer Protection Act, 2019 provides for a three tier quasi-judicial  machinery  at  District, State  and  Central  levels  commonly  known  as  'Consumer  Commissions'  for  protection  of  the  rights  of consumers and to provide simple and speedy redressal of consumer disputes.

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.

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  in  the  Sub-section  47  under Section 2 of 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  already  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.

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