Author: HANSHIKA MOHAPATRA, student at Xim University, Bhubaneswar, Odisha.
TO THE POINT
In e-commerce, dark patterns are manipulative design methods designed to guide, deceive, or coerce people into making unwanted purchases. In India, similar patterns exploit legal loopholes and imperil the fundamental right to informed consent, casting doubt on digital consumer freedom.
USE OF LEGAL JARGON
The employment of dark patterns is an unfair commercial practice that violates informed consent and undermines contractual autonomy. These misleading interface techniques can result in constructive fraud, misrepresentation, and vitiation of consent, all of which have consequences under the Consumer Protection Act of 2019 and, perhaps, Information Technology Law. Furthermore, the approach may constitute algorithmic manipulation, raising concerns about competition law and data protection regulations.
THE PROOF
(Regulatory Framework)
- Consumer Protection Act,2019
a) Section 2(47) of the 2019 Consumer Protection Act expands the definition of “illegal trade practice” to include design-based manipulation.
b) Section 21 allows the Central Consumer Protection Authority (CCPA) to take action against deceptive ads and practices.
c) Sections 2(9) and 2(28), when read together, reinforce the view that any distortion of choice caused by manipulation weakens the right to fair disclosure and consent.
- E-Commerce (Consumer Protection) Rules of 2020: Proposed Amendment 2021
a) Draft Clause 5(16) prohibits platforms from engaging in “unfair trade practices” or using manipulative, exploitative, or coercive interfaces.
Although this is still a draft, it demonstrates the policy’s intention to legally recognize and prohibit dark patterns.
3. Regulation concerning IT in 2021
a) Intermediaries must use caution and not allow interface features that deceive users or cause harm. This requirement may include deceptive design.
ABSTRACT
In the dazzling world of Indian e-commerce, every click appears to be a decision—but is it truly? A rising web of “dark patterns”—deceptive design methods that influence users into unwanted behaviors such as auto-renewals, hidden fees, or excessive data sharing—can be found beneath the surface of flawless checkout pages and convincing pop-ups. These patterns use human psychology and computational opacity to create the illusion of consumer independence.
investigates the legal void around dark patterns in India, assessing whether the Consumer Protection Act of 2019, IT Rules, and E-Commerce Draft Rules provide adequate protection against this quiet, design-led coercion. With no specific statutory recognition and minimal regulatory enforcement, customers are frequently left navigating platforms where consent is designed rather than earned.
Drawing on global developments such as the US Federal Trade Commission’s efforts to combat deceptive online activities and in light of the European Union’s ban on manipulative design, this study emphasizes how urgently India needs a clear legal framework to combat dark patterns. In today’s digital economy, user decisions are frequently influenced by skillfully designed interfaces rather than free will. When design begins to influence decisions, safeguarding consumers requires controlling not only what is sold, but also how it is offered. It is time for the law to realize that, in the age of digital commerce, design has evolved into a sort of power—and that power must be accountable.
CASE LAW
Horlicks Limited and Anr v. Zydus Wellness Limited An advertisement is considered marketable speech under A.19(1)(a) of the Constitution. No advertisement may be false, misleading, illegal, or deceptive. Of course, there would be some slat areas, but these should not be interpreted as serious delineations of fact, but rather as glorifying one’s product. Deceiving announcements are largely subjective, and even tiny changes in the facts might influence the conclusion. It appears that while it is permissible for a seller to compare their products to those of competitors and claim superiority, it becomes problematic when the competitor’s products are portrayed as inferior to the seller’s.
Makemytrip India Pvt Ltd Mmt & Anr. vs Competition Commission Of India & Ors the Competition Commission of India (CCI), while deciding on the contended violation of Sections 3 and 4 of the Competition Act by MakeMyTrip, Goibibo, and OYO believed that the marketing arrangement between OYO and MakeMyTrip and Goibibo resulted in the delisting of FabHotels, Treebo, and independent eateries that were serving of these franchisors, was anti-competitive and abuse of dominant position wi “MMT-Go has been inter-alia directed to change its agreement with hospices chain hospices to remove/abandon the price and room vacuity equality liabilities with respect to other OTAs, as well as the exclusivity conditions that exist inter-alia in the form of a D-minus provision.
CONCLUSION
India’s economy is rapidly becoming more digitally oriented, and the legal system needs to adapt to the various and subtle ways that online platforms are influencing consumer behavior. Dark patterns are not always obvious, but they have an undeniable impact on consumer liberty, consent, and fairness. Current rules only provide indirect protection, and unless explicitly regulated, these deceptive designs will continue to weaken the integrity of digital trade.
It is no longer sufficient to protect against deceptive advertising or defective products; we must now address the design of deception itself. Clear legal definitions, regulatory monitoring, and ethical design standards are required to ensure that choice stays authentic, educated, and free. Because, in today’s digital marketplace, when every click is a decision, design freedom must take precedence over design manipulation.
FAQ
1 What constitutes dark patterns in e-commerce?
Dark patterns are deceptive or manipulative design elements in websites or applications that lead users into unintended activities, such as subscribing to a service, making a purchase, or sharing personal information. Hidden fees at checkout, perplexing opt-out options, and guilt-inducing pop-ups are some examples.
2. Can a consumer make a complaint if they are duped by a dark pattern?
Yes. If consumers believe they have been deceived or manipulated, they can register a complaint with the Central Consumer Protection Authority (CCPA) or the National Consumer Helpline. While specific restitution for dark patterns is not assured, complaints may be heard within the larger category of unfair or misleading activities.
3 What are some real-life instances of dark patterns in India?
- Auto-renewals on OTT services that lack clear cancellation instructions.
- During online bookings, pre-ticked checkboxes for add-ons appear.
- Countdown timers give a false sense of urgency in flash sales.
- Incorrect CTA buttons (for example, “No, I don’t want to save money”).
