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Deceptive Dark Patterns

The Advertising Standards Council of India (ASCI) and Parallel, a design studio, released a report on deceptive patterns used in leading Indian apps.

Purpose: The study aims to highlight and address deceptive practices in app interfaces.

Advertising Standards Council of India (ASCI)

  • ASCI is a voluntary self-regulatory body for the advertising industry in India.
  • Establishment:  Founded in 1985
  • Code of Conduct: Advertisements must be legal, decent, honest, truthful, not harmful, and fair in competition.
  • Scope: Handles complaints across all media (Print, TV, Radio, Internet, etc.).
  • Government Recognition: Acclaimed by various government bodies like DoCA, FSSAI, Ministry of AYUSH, and Ministry of I&B.

What Are Deceptive Patterns?

  • Dark patterns are deceptive design techniques used in apps and websites to manipulate user behaviour and encourage unwanted actions. 
  • These tactics often exploit cognitive biases and emotional vulnerabilities to lead users towards specific outcomes.

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Dark Patterns

Impact of Dark Patterns

  • Erodes User Trust: Dark patterns can damage a company’s reputation and reduce user trust.
  • Manipulates Choices: These tactics can influence users to make decisions they might not have otherwise chosen.
  • Legal and Ethical Concerns: Dark patterns may violate consumer protection laws and ethical standards.

Dark Patterns

Addressing Dark Patterns

  • Awareness and Education: Marketers and designers should be aware of dark patterns and their harmful effects.
  • Ethical Design Principles: Prioritize user autonomy, transparency, and fair practices in app design.
  • Testing and Evaluation: Regularly test apps for dark patterns and make necessary adjustments.
  • Compliance with Guidelines: Adhere to guidelines issued by organizations like ASCI and the Department of Consumer Affairs.
  • Continuous Improvement: Strive to create safe and trustworthy online experiences for users.

Regulation of dark patterns in India

  • India has taken significant steps to regulate dark patterns through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. 
    • These guidelines were introduced by the Central Consumer Protection Authority (CCPA) under the Consumer Protection Act, 2019123.
  • Key Aspects of the Guidelines:
    • Scope: Applicable to all platforms, advertisers, and sellers offering goods and services in India.
    • Prohibited Practices: Includes false urgency, hidden costs, forced continuity, and other manipulative tactics.
    • Enforcement: The CCPA has the authority to enforce these guidelines and penalize violators.
      • These measures aim to protect consumers from manipulative online practices and promote transparency in digital transactions.

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