Lok Sabha Question No. 267 (STARRED), answered on 2025-03-19
Subject: Dark Patterns used by Online Platforms
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri K C Venugopal

## Government of India

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

## LOK  SABHA

## STARRED QUESTION NO. *267

TO BE ANSWERED ON 19.03.2025

## DARK PATTERNS USED BY ONLINE PLATFORMS

## *267.   SHRI K C VENUGOPAL:

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

- (a) whether the Government has conducted any study to assess the extent and impact of dark patterns used by online platforms in misleading consumers in India and if so, the details thereof;
- (b) the specific measures being taken by the Government to regulate and penalize online platforms that engage in deceptive practices such as false urgency, hidden charges and subscription traps;
- (c) whether the Government plans to introduce stringent legal provisions or amendments to the Consumer Protection Act to effectively curb dark patterns and ensure greater transparency in e-commerce and if so, the details thereof;
- (d) whether the Government has engaged with stakeholders including consumer rights organizations and tech companies to formulate clear guidelines for identifying and eliminating dark patterns in digital marketplaces; and
- (e) if so, the details thereof?

## ANSWER

## THE MINISTER OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI PRALHAD JOSHI)

(a) to (e)  :   A Statement is laid on the Table of the House.

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## STATEMENT  REFERRED  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  LOK  SABHA  STARRED QUESTION  NO.*267  FOR  19.03.2025  REGARDING  DARK  PATTERNS  USED  BY  ONLINE PLATFORMS.

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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  Consumer  Protection  Act,  1986  was  repealed  and  Consumer  Protection  Act,  2019  was enacted.

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  ecommerce  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.

The Central Consumer Protection Authority (CCPA) in India is empowered under the Consumer Protection  Act,  2019  to  take  various  actions  to  ensure  consumer  rights  are  protected.  Subsequent  to CCPA intervention an e commerce platform discontinued the practice of automatically adding Rs. 2 per ticket towards charity contribution to the cart (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).

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.

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