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.
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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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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.
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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