'Beware dark patterns for they lead you into temptation and maketh you spend money...'
This sounds like a cheesy fantasy movie. But what it really is, is a cautionary tale for the cyber age, a warning for the digitally unwary as they swipe through the world of e-shopping, dazzled by discounts and gobsmacked by giveaways till they, quite literally in some cases, can't get out.
Welcome to the murky world of dark patterns, a grey area between right and wrong full of tricks, half-truths, and outright lies to get you to buy goods you don't need or want, sign up for services you have no interest in, and, most importantly, to keep you hooked and spending money.
The idea of a dark pattern is not new; in fact, it was called out in 2010 by Harry Brignull, a user experience, or UX, designer, who has since written a book 'Deceptive Patterns' on the subject.
Brignull defines 'dark' or 'deceptive' patterns as "tricks used in websites and apps that make you do things that you didn't mean to, like buying or signing up for something..."
There are 16 kinds of dark patterns, many of which were, or are still, being practiced, allegedly, by some of the world's biggest companies, such as Facebook, Amazon, and Google.
Many of these are now illegal in the United States and the European Union, depending on the type and context of use, and now the Indian government is working on similar legislation.
So, What, Really, Is A 'Dark Pattern'?
Mr H opens the website of a popular e-commerce store to shop for a new laptop.
He has spent weeks researching different models and specifications, comparing processor speeds, RAM size, graphics capabilities, and screen size, and has a shortlist of three options.
But then, panic. The product page flashes a big red notification - 'Only 1 piece left'.
Dark patterns are sneaky tactics to get users to rush through purchases (Representational).
Mr H, worrying that he might lose out, quickly buys the laptop, but then finds the product hasn't actually 'sold out' on the website. There are more. He was tricked into buying the laptop.
That is a dark pattern.
Or, Ms K receives an e-mail offering a month's free access to a movie streaming service. All she has to do, the e-mail seems to say, is share credit card details to prove she is not a minor.
A month and a day pass, and suddenly she sees a charge on her account; the streaming service has claimed the next month's fee without giving her the option to cancel her account.
That is also a dark pattern.
The idea, really, is simple.
Any attempt by any website or paid online service to make you spend money, or spend more money, by not being truthful about the price, terms of sale or service, or availability, or consistently interrupting the user as s/he tries to do something else, is a dark pattern.
Scary. What Are The 16 Dark Patterns?
| The Pattern | The Meaning |
| Comparison prevention | When you cannot, or find it difficult to, compare products because features and prices are shown in a complex manner, or because some data is hard to find. |
| Confirmshaming | When you are emotionally manipulated into doing something. |
| Disguised ads | When you open a web link expecting native content or are expecting to interface with the website or app, but get sucked into an advertisement. |
| Fake scarcity | When you are pressured into an action because of mistruths about supply. |
| Fake social proof | When you are tricked into believing a product is more popular or is better than it really is because of fake reviews. |
| Fake urgency | When you are pressured into an action because of a fake time limit. |
| Forced action | When you are required to do something you don't want to before you can do what you really came to the website for. |
| Hard to cancel | When it is easy to sign up or subscribe but very hard to cancel. |
| Hidden Costs | When you are enticed with a low advertised price but discover unexpected fees and charges at checkout. |
| Hidden subscription | When you are enrolled in a recurring subscription without clear disclosure or explicit consent. |
| Nagging | When you are interrupted by requests to do something other than what you want to. |
| Obstruction | When you are faced with barriers that make it hard to complete a task or access information. |
| Preselection | When you are presented with a pre-selected option. |
| Sneaking | When you are enticed into a transaction on false pretences, because pertinent information is hidden or delayed from being presented. |
| Trick wording | When you are misled by confusing or distorted language. |
| Visual interference | When you expect to see information in a clear and predictable display, but it is hidden, obscured or disguised. |
But How Do I Stay Safe?
In one word (well, two)? Stay alert.
No matter what website you are on or what you are using, no matter how much you may trust the service provider, be alert to what data is being asked of you and what permissions are being sought.
Beyond that? Follow these 5 points
1. Read carefully: While it may sound tedious, take your time to read through the information before you. Look for anything that looks like it might lead you away from what you really want to do on the website, or what service you are buying.
2. Double check: Before you click 'buy' always scan through the cart to see if it contains only that which you want, and make sure more products haven't been sneaked into it.
3. Review privacy and data use policies: Now this is very tedious, but very important! Have at least some knowledge about what data is being monitored by the app and to whom it might be sold. If you don't fancy reading through reams of legalese, then you can ask an AI chatbot to summarise the main points for you.
4. Can you opt out? Before you sign up for an online service, make sure there is, at all times, an option to quit that is clear and definite. Make sure you know where this opt-out button is on the app or website.
5. Consult, consult: It never hurts to ask for a second opinion, but make sure the person you are asking is someone whose opinion you trust. A 'bot' is not someone you can trust.
But remember, these are not definitive solutions to escaping dark patterns. Do your own research and be aware of your activities online.
Is The Government Doing Anything?
Yes.
The government is working on legislation to address this problem.
On Wednesday Consumer Affairs Minister Pralhad Joshi met reps from all major e-commerce platforms - from Amazon to Zomato - and ordered them to follow the law or face legal action.
Joshi said the companies would have to conduct internal audits to look for dark patterns in their app or website, take corrective measures, and then submit an audit report to the government.
This is not the first time the government has tried to crackdown on dark patterns.
In November 2023 the Central Consumer Protection Authority put out its own list of dark patterns, including 'basket sneaking', i.e., surreptitiously adding more products at checkout, and issued guidelines for users to identify dark patterns on digital and even offline platforms.
Ok, But Why Is It So Hard To Regulate?
In India? Because there were, till now, no specific laws banning the practice.
For example, the Consumer Protection Act of 2019 bans 'unfair trade practices', but enforcement depends on proving a pattern is deceptive, intentional, and has caused harm.
This is often difficult in a digital landscape that sees rapid user interactions.
Abroad? There are laws and these laws have been enforced.
In 2022, for example, 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.
Fine. What Now?
Overnight change is unlikely, even impossible.
Many of these dark patterns are so deeply entrenched that it will take time to identify them, make the argument for their removal, and then ensure the company in question acts.
The good news, though, is that the government has begun cracking down, and has launched three digital tools - the Jagriti and Jago Grahak Jago apps, and a Jagriti web site.
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