Author: Zinniia Manna, Maharashtra National Law University, Mumbai
To the Point
Dark patterns are becoming a serious problem in India’s fast-growing digital market. These are tricks used in the design of apps and websites that push users into doing things they did not really want to do. This can include buying extra products, agreeing to share personal data, or staying subscribed to paid services without real consent. As more people depend on online platforms for shopping, travel, learning, health and entertainment, the risk of such manipulation has also increased.
India had nearly 750 million internet users by 2024, many of whom are first-time or less digitally aware users. This makes them easy targets for such deceptive designs. Dark patterns quietly affect user choice, privacy and money, but are often ignored or treated as normal marketing. To address this issue, the government introduced the Dark Patterns Guidelines, 2023. While this was an important step, the guidelines are not legally binding and do not provide penalties. Because of this, they fail to properly control the problem. This article argues that India needs stronger laws and better coordination between regulators to deal with dark patterns effectively.
Abstract
Dark patterns are misleading design practices used by digital platforms to influence user behaviour. Unlike direct fraud, these designs work subtly by taking advantage of human habits and emotions. Users may end up making decisions without fully understanding what they are agreeing to. In a country like India, where digital literacy varies widely, this creates serious risks for consumers.
This article discusses the growing use of dark patterns in India, recent studies showing their widespread presence and the government’s response through the Dark Patterns Guidelines, 2023. While the guidelines officially recognise dark patterns as harmful, they lack legal force and proper enforcement. There is also confusion between the roles of the Central Consumer Protection Authority and the Ministry of Electronics and Information Technology. The article concludes that without clear laws, penalties and coordinated enforcement, dark patterns will continue to harm Indian consumers.
Use of Legal Jargon
Dark patterns mainly affect consumer rights, especially the right to make free and informed choices. Under the Consumer Protection Act, 2019, businesses are not allowed to use unfair trade practices or misleading advertisements. When platforms design interfaces that trick users, they go against the spirit of this law.
Dark patterns also raise issues related to consent, especially under the Digital Personal Data Protection Act, 2023. Consent must be given freely and knowingly. However, when users are forced to accept privacy policies or are misled into sharing data, such consent cannot be considered valid.
Another major issue is regulatory overlap. The Central Consumer Protection Authority looks at consumer harm, while the Ministry of Electronics and Information Technology regulates digital platforms, data and algorithms. Since dark patterns involve both consumer deception and technical design, it becomes unclear which authority should act, leading to weak enforcement.
The Proof
There is strong evidence showing how common dark patterns are in Indian apps. A 2024 study by the ASCI Academy and Parallel examined more than 12,000 screens across 53 popular Indian apps from different sectors. The study identified twelve common dark patterns such as false urgency, hidden costs, privacy deception and difficult account deletion.
The results were worrying. Out of 53 apps, 52 used at least one dark pattern. On average, each app used nearly three such practices. In e-commerce apps, all platforms studied made it difficult for users to delete their accounts. This clearly shows that dark patterns are not mistakes, but intentional business strategies. It also proves that expecting users to protect themselves is unrealistic. Strong regulatory action is needed.
Contemporary Relevance
Dark patterns are especially relevant in India because many users do not clearly understand digital design tricks. People often blame themselves for falling into such traps instead of questioning the platform’s behaviour. Over time, this has normalised deceptive practices.
After the pandemic, people rely even more on digital services. Whether it is booking tickets, ordering food, using payment apps, or accessing healthcare services, users are constantly interacting with digital platforms. If dark patterns are left unchecked, they can reduce trust in digital services and harm consumers on a large scale.
Regulatory Framework: Dark Patterns Guidelines, 2023
The Dark Patterns Guidelines, 2023 were issued by the Central Consumer Protection Authority under the Consumer Protection Act, 2019. The guidelines define dark patterns as deceptive designs that mislead users and interfere with their ability to make free choices. They list thirteen types of dark patterns, including false urgency, basket sneaking, forced action, subscription traps, drip pricing and disguised advertisements.
The guidelines are important because they officially recognise dark patterns as a form of consumer harm. They also give clear examples, making it easier to identify such practices. The guidelines apply to all digital platforms, advertisers, sellers and intermediaries. They show that the government is serious about addressing deceptive digital practices and bring India closer to international standards.
Enforcement Gaps and Regulatory Overlap
Despite their importance, the guidelines have serious weaknesses. They do not provide penalties for violation, making them difficult to enforce. Since they are only guidelines and not binding rules, platforms may choose to follow them only to avoid public criticism.
Another problem is the overlap between authorities. The CCPA handles consumer protection, while MeitY deals with digital platforms, data protection and algorithms. Many dark patterns involve both misleading design and data misuse. This creates confusion about responsibility and weakens enforcement.
Way Forward
To control dark patterns properly, India must move from guidelines to enforceable laws. The CCPA can use its powers under the Consumer Protection Act to make binding rules with penalties. Alternatively, Parliament can pass a specific law dealing only with dark patterns.
Rules should focus on protecting users by making it easy to unsubscribe, cancel services and delete accounts. Since many dark patterns are built into algorithms, regulators must work together. A joint body involving both the CCPA and MeitY would help regulate both the design and technical aspects of dark patterns.
Conclusion
Dark patterns are a serious challenge in India’s digital economy because they harm consumer choice, privacy and trust. The Dark Patterns Guidelines, 2023 are a positive step, but they are not enough on their own. Without legal force, penalties and proper coordination between regulators, these practices will continue.
For real change, India needs strong laws and effective enforcement. Only then can consumers be protected from deceptive digital designs and trust in digital platforms be restored.
FAQs
What are dark patterns?
They are design tricks used to manipulate users into unwanted actions.
Are dark patterns illegal in India?
They are discouraged under guidelines, but strict penalties are missing.
Who regulates dark patterns in India?
Mainly the CCPA, with overlap from MeitY.
Why are guidelines not enough?
Because they are not legally binding and lack enforcement power.
What is the solution?
Clear laws, penalties and coordination between regulators.
