Dark Patterns

Dark patterns are widely criticized for their unethical nature and the potential harm they can cause to users. Read here to learn more about the manipulative practice.

Dark patterns are tactics used by online platforms to mislead customers and prevent them from making the right choices.

The Central Consumer Protection Authority (CCPA), the country’s top consumer watchdog, has notified guidelines for the “prevention and regulation” of dark patterns.

The Guidelines for Prevention and Regulation of Dark Patterns, 2023, issued under section 18 of the Consumer Protection Act, 2019, have been notified by the CCPA on November 30, 2023.

Dark Patterns

Dark patterns are user interface design techniques that manipulate or deceive users into taking actions that they may not have intended.

• These patterns are often used in digital interfaces, websites, and apps to exploit cognitive biases and nudges, steering users towards choices that benefit the service provider rather than the user.
• Dark patterns can be manipulative and unethical, going against principles of transparency, user autonomy, and fair practices in design.

Regulating dark patterns involves implementing measures that curb deceptive and manipulative practices in digital interfaces, ensuring that users are treated fairly, and their autonomy is respected.

Types of dark patterns

Here are some common types of dark patterns:

• Misdirection: Presenting information or options in a way that misleads users and directs them towards unintended actions. For example, placing a deceptive button or link that leads to an undesired outcome.
• Confirm shaming: Using guilt or social pressure to manipulate users into making a particular choice. This often involves framing a decision in a way that makes the user feel ashamed for not selecting the suggested option.
• Roach Motel: Making it easy for users to sign up for a service but intentionally making it difficult for them to cancel or unsubscribe. This can involve burying the cancellation option in complex navigation or requiring multiple confirmation steps.
• Hidden Costs/Drip pricing: Concealing additional fees, charges, or subscriptions until the user is well into the checkout process. Users may only become aware of the extra costs after committing to the purchase.
• Bait and Switch: Attracting users with a desirable option or offer and then substituting it with a less favorable alternative once the user is committed. This can occur in various contexts, from product features to subscription plans.
• Trick Questions: Presenting questions or options in a way that confuses users and leads them to unintended choices. This can be used to obtain consent or permission without the user fully understanding the implications.
• Privacy Zuckering: Manipulating users into revealing more personal information than they initially intended. This is often done under the guise of enhancing user experience or providing personalized services.
• Disguised Ads: Designing elements to look like content or navigation, but upon interaction, the user discovers it is an advertisement. This blurs the line between content and ads, potentially leading users to click on ads unintentionally.
• Friend Spam: Encouraging users to share content or invite friends, but using misleading language or design to make it appear that the user’s actions are essential for personal reasons rather than promotional purposes.
• Forced Continuity/action: Automatically renewing subscriptions without clear and explicit consent. Users may find it challenging to cancel or opt out of recurring payments.
• False urgency: Falsely stating or implying the sense of urgency or scarcity to mislead a user into making an immediate purchase or taking an immediate action, which may lead to a purchase, including – (i) showing false popularity of a product or service to manipulate user decision; (ii) stating that quantities of a particular product or service are more limited than they are.
• Basket sneaking: Inclusion of additional items such as products, services, payments to charity,, or donations at the time of checkout from a platform, without the consent of the user, such that the total amount payable by the user is more than the amount payable for the product or service is chosen by the user. Provided that the addition of free samples, complimentary services, or necessary fees disclosed at the time of purchase, shall not be considered basket sneaking.
• Subscription trap: The process of- (i) canceling a paid subscription impossible or a complex and lengthy process; or (ii) hiding the cancellation option for a subscription; or (iii) forcing a user to provide payment details or authorization for auto debits for availing a free subscription; or (iv) making the instructions related to cancellation of subscription ambiguous, latent, confusing, cumbersome.
• Interface interference: A a design element that manipulates the user interface in ways that (a) highlights certain specific information; and (b) obscures other relevant information relative to the other information; to misdirect a user from taking an action as desired.
• Nagging: Dark pattern practice due to which a user is disrupted and annoyed by repeated and persistent interactions, in the form of requests, information, options, or interruptions, to effectuate a transaction and make some commercial gains, unless specifically permitted by the user.
• Saas billing: The deliberate use of confusing or vague language like confusing wording, double negatives, or other similar tricks, to misguide or misdirect a user from taking desired action or leading the consumer to take a specific response or action.
• Rogue malware: Using ransomware or scareware to mislead or trick a user into believing there is a virus on their computer and aims to convince them to pay for a fake malware removal tool that installs malware on their computer.

Challenges

Dark patterns, being manipulative and deceptive design practices, come with a range of disadvantages that can have negative implications for users, businesses, and the overall digital ecosystem.

• Loss of Trust: Dark patterns deceive users, eroding trust between users and digital platforms. This can lead to a negative perception of the brand or service, resulting in a loss of customer trust and loyalty.
• Unintended Outcomes: Users may unintentionally take actions they did not intend, leading to frustration and dissatisfaction. For example, making unintentional purchases or signing up for services they did not want can result in negative user experiences.
• Unethical Practices: Dark patterns exploit cognitive biases and manipulate user behavior, raising ethical concerns. Employing such practices can harm a company’s reputation and may lead to legal consequences.
• Violations of Consumer Protection Laws: Dark patterns may violate consumer protection laws by engaging in deceptive trade practices. This can result in legal actions, fines, or other penalties for businesses using such patterns.
• Negative Impact on Retention: Users who feel manipulated or deceived are less likely to engage with a platform in the long term. This can negatively impact user retention rates and user satisfaction.
• Social Backlash: Instances of dark patterns can lead to negative publicity, especially in the age of social media where users can share their experiences widely. Public backlash can damage a company’s brand image.
• Brand Trust Erosion: Persistent use of dark patterns can result in long-term damage to a brand’s reputation. Trust, once eroded, is challenging to rebuild, and users may be wary of engaging with the brand in the future.
• Legal Challenges: The use of dark patterns may attract regulatory scrutiny and legal challenges, particularly if it is found to violate consumer protection or privacy regulations. This can lead to fines and legal consequences for businesses.
• Unintended Data Sharing: Dark patterns may trick users into unintentionally sharing personal information or granting permissions they otherwise wouldn’t have. This can lead to privacy concerns and expose users to potential risks.
• Hindered Informed Decision-Making: Dark patterns interfere with users’ ability to make informed decisions. In the long run, users may become more cautious and skeptical, hindering their ability to trust online interfaces.
• Negative UX Impact: Dark patterns undermine the principles of user-centric design and positive user experiences. They contribute to a more hostile online environment, where users may feel compelled to constantly second-guess interfaces.
• Limiting User-Centric Innovation: Relying on dark patterns for short-term gains can stifle innovation in user-centric design. Businesses may prioritize deceptive practices over creating genuinely valuable and user-friendly products.

Guidelines for Prevention and Regulation of Dark Patterns, 2023

The guidelines that have come into force will apply to all platforms, systematically offering goods or services in India; advertisers, and sellers. They prohibit “against engaging” in dark patterns.

The guidelines define dark patterns as “any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to a misleading advertisement or unfair trade practice or violation of consumer rights.”

The Annexure-1 of guidelines has a list of 13 specified dark patterns. These are:

• False urgency; basket sneaking; confirm shaming; forced action; subscription trap; interface interference; bait and switch; drip pricing; disguise advertisement; nagging; trick question; Saas billing; and rogue malware.

Conclusion

Dark patterns are widely criticized for their unethical nature and the potential harm they can cause to users. Designers and companies are increasingly urged to adhere to ethical design principles, prioritize user well-being, and ensure transparency and clarity in their interfaces.

Addressing the disadvantages requires a shift toward ethical design practices, transparency, and a commitment to prioritizing user well-being. Companies that focus on building trust and providing positive user experiences are more likely to foster long-term customer relationships and maintain a positive reputation in the market.

Related articles:

• Dark Web (Darknet)
• Cybercrime
• Cybersecurity

-Article by Swathi Satish