Lok Sabha Question No. 4483 (UNSTARRED), answered on 2025-08-20
Subject: Regulation of Dark Patterns in e-Commerce and Quick Commerce Platforms
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri Sribharat Mathukumilli

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 4483 TO BE ANSWERED ON 20.08.2025

## REGULATION OF DARK PATTERNS IN E-COMMERCE AND QUICK COMMERCE PLATFORMS

## 4483.  SHRI SRIBHARAT MATHUKUMILLI:

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

- (a) whether the Government has taken note of increasing use of dark patterns or manipulative user interface designs  by  e-commerce  and  quick  commerce  platforms  to  influence  consumer  behaviour  through disguised advertisements, forced cart additions or difficulty in cancelling subscriptions and if so, the details thereof;
- (b) whether any sector-wise assessment has been carried out across major platforms by the Government and if so, the details thereof along with the enforcement mechanism;
- (c) whether the Government has issued any specific guidelines or regulatory frameworks to address such practices and ensure fair digital trade for consumers and if so, the details thereof;
- (d) whether there have been any complaints or action taken against major platforms for violation of these norms since the issuance of the dark pattern guidelines and if so, the details thereof;
- (e) whether the Ministry plans to collaborate with the Ministry of Electronics and Information Technology (MeitY) for stricter design audits and algorithmic transparency for platforms operating in the quick commerce and online shopping sector; and
- (f) if so, the details thereof?

## ANSWER

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

(a) to (f) : 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 Consumer Protection Act, 1986 was repealed and Consumer Protection Act, 2019 was enacted.

As per Consumer Protection Act, 2019 under Section 101 (zg), Central Government is vested with powers to make rules by notification for carrying out the measures to be taken by the Central Government to prevent unfair trade practices in e-commerce, direct selling under section 94.

Therefore, 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.

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.

Keeping in pace with the international best practices and also, being the forerunners of consumer rights, the Department of Consumer Affairs has acted proactively to protect consumers from such deceptive patterns. The Department constituted a task force consisting of the representatives inter alia from Industry Associations,  National  Law  Universities,  Voluntary  Consumer  Organisations  and  e-commerce  platforms seeking inputs for the draft guidelines for prevention and regulation of dark patterns.

After  stakeholders'  consultations,  the  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.

Action  has  been  taken  by  the  CCPA  against  various  entities  including  e-commerce  platforms  for affecting consumers, as a class, for violation of consumer rights, false and misleading advertisements and unfair trade practices as defined under the Consumer Protection Act, 2019. CCPA has taken actions to regulate matters affecting class of consumers with reference to the violation of consumer rights, misleading advertisement and unfair  trade  practices  as  defined  under  the  Consumer  Protection  Act,  2019.  Various  directions  were  issued including discontinuation or modification of the advertisements besides imposition of penalties to protect the rights of consumers as a class and a penalty amount of ₹ 1,08,85,000 has been realized so far.

Action has also been taken against the sale of domestic pressure cookers that do not meet compulsory BIS  standards  on  e-commerce  platforms.  Additionally,  as  per  CCPA's  directions,  travel  companies  have refunded Rs. 1,454 Crores to consumers for cancelled flights due to the Covid-19 lockdown. CCPA has also mandated that these companies update their websites with clear instructions and status updates on refund claims related to cancelled tickets. Further, 13,118 listings of car seat belt alarm stopper clips have been delisted from major e-commerce platforms based on the Orders passed by CCPA to delist all such products which violate consumer rights and are unfair trade practice under the Consumer Protection Act, 2019 as the sale or marketing of said product compromises with the life and safety of consumer by stopping alarm beep when not wearing seat  belts.  Also,  subsequent  to  CCPA's  intervention,  an  e-commerce  platform  discontinued  the  practice  of automatically adding Rs. 1 per ticket towards charity contribution in the ticket (a form of Basket Sneaking dark pattern), in the form of pre-tick format (a form of forced consent dark pattern). An airline modified the manner in which it used to offer insurance at the time of purchase of tickets (a form of confirm shaming dark pattern).

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 SelfAudit 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 no 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 usercentric online environment.

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