Lok Sabha Question No. 806 (UNSTARRED), answered on 2024-02-07
Subject: Dark Pattern Cases
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: P.P. Chaudhary

## Government of India

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

## LOK SABHA UNSTARRED QUESTION NO. 806 TO BE ANSWERED ON 07.02.2024

## DARK PATTERN CASES

## 806. SHRI P.P. CHAUDHARY:

## 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 has taken cognizance of increasing dark pattern cases with online consumers;
- (b) if so, the details thereof;
- (c) the details of the data of consumers who were defrauded along with the complaints raised by consumers due to dark patterns;
- (d) whether  the  Government  has  started  any  educational  or  digital  awareness  programmes  to  spread awareness about such dark patterns; and
- (e) if so, the details thereof along with the amount sanctioned and spent for this purpose?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ( श्री अश्विनी कु मार चौबे )

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a) to (c)  : 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 under 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, following consultations with relevant stakeholders,  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.

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.

(d) & (e)  :   Department of Consumer Affairs is already implementing a scheme namely 'Consumer Awareness' for generating awareness amongst the consumers on various consumer related issues including dark patterns through various media. Under this scheme, sanction of Rs. 20.77 Cr. issued against the budget allocation of Rs.25.00 Cr. for the current Financial Year i.e.  2023-24.

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