Lok Sabha Question No. 2817 (UNSTARRED), answered on 2025-12-17
Subject: Regulation for Dark Patterns
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri Gaurav Gogoi

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 2817 TO BE ANSWERED ON 17.12.2025

## REGULATION FOR DARK PATTERNS

2817.  SHRI GAURAV GOGOI:

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

- (a) whether the Government is aware of the growing use of 'dark patterns' on digital platforms that mislead or manipulate consumer decision-making, as highlighted by recent research and civil society organisations and if so, the details thereof;
- (b) whether the Central Consumer Protection Authority (CCPA)'s advisory issued in 2023 has led to any measurable  enforcement  actions  or  compliance  improvements  by  major  platforms  and  if  so,  the details thereof;
- (c) whether the Government is considering the issuance of binding regulations, penalties or rules under the Consumer Protection Act, 2019 to curb such deceptive design practices; and
- (d) if  not,  the  reasons  for  relying  solely  on  non-binding  advisories  despite  evidence  of  continuing consumer harm?

## ANSWER

## THE MINISTER OF STATE

## CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI B.L. VERMA)

(a)   to (d) :  To safeguard consumers from unfair trade practices in e-commerce, the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019 inter-alia, outline the  responsibilities  of  e-commerce  entities  and  specify  the  liabilities  of  marketplace  and  inventory  ecommerce entities, including provisions for consumer grievance redressal.

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, 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, Department of Consumer Affairs, engaged with major e-commerce companies, industry associations, Voluntary Consumer Organizations and National Law Universities for eliminating deceptive online practices. As an outcome, '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 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 ECommerce platforms have been advised to conduct self-audits to identify dark patterns, within three months of the issue of the advisory and 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.  26  leading  e-commerce  platforms  have  voluntarily  submitted  their  self-declaration  letters confirming compliance with the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

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 .

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 the penalty may extend to fifty lakh rupees.

*****