Dark Patterns In E-Commerce: Why It Matters To Indian Consumers

The Centre is working to address the issue of design strategies known as "dark patterns" that have come to dominate the digital consumer experience. Union Minister for Consumer Affairs, Food and Public Distribution, Pralhad Joshi, will chair a high-level meeting in New Delhi today, bringing together major stakeholders from across the digital economy space. The meeting is being convened in response to growing concerns from consumers, watchdogs, and lawmakers about deceptive design techniques used on digital platforms to influence consumer behaviour.

The meeting will include representatives from key sectors, including food delivery (Swiggy, Zomato, BigBasket), travel and transport (MakeMyTrip, Paytm, Ola, Yatra, Uber, EaseMyTrip, Clear Trip), e-commerce and electronics (Amazon, Flipkart, Apple), pharmaceuticals (1mg.com, Netmeds, Medika Bazaar), retail (Reliance Retail Limited), and others such as Meta, WhatsApp, IndiGo Airlines, IndiaMart, xigo, JUSTDIAL, Thomas Cook, and the government-backed Open Network for Digital Commerce (ONDC).

Also in attendance will be National Law Universities (NLUs), Voluntary Consumer Organisations (VCOs), and leading industry bodies. 

What Are Dark Patterns?

The term "dark pattern" was coined in 2010 by UK-based user experience designer Harry Brignull. It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take. The practice is seen across a wide range of sectors, from retail to travel, health to social media.

One frequent example is the "sneak into basket" design, where an additional item is quietly added to a user's online shopping cart without explicit consent. Another common tactic is presenting a large, brightly coloured "Accept" button for cookies or subscriptions, while hiding or minimising the "Reject" option. These interface choices are not accidental, they are calculated to guide users towards choices that benefit the company, often at the consumer's expense.

Dark patterns can also take the form of hidden costs that only appear at the final stage of checkout. While they often stay within the letter of the law, they operate in a grey area that challenges existing consumer protection laws.

Why They Are Hard To Regulate

In many countries, including India, there is no dedicated law that explicitly outlaws the practice. 

For instance, under India's Consumer Protection Act, 2019, unfair trade practices are prohibited but enforcement depends on proving that a pattern is deceptive, intentional, and has caused harm. This is often difficult in digital contexts, where user interaction is rapid.

In 2022, both Google and Facebook were fined under EU and French data protection laws for making it harder for users to reject cookies than to accept them.