Dark Patterns- How is India Regulating E-Commerce Trade Practices?
India’s proactive move to control e-commerce’s covert trade practices, termed “dark patterns,” is a commendable and timely measure. This initiative, stemming from discussions with sector participants and consumer advocacy groups, culminating in draft guidelines, aims to bring this significant issue to the forefront.
Background
- Origin of “Dark Patterns”: The term “dark patterns” was introduced in 2010 by the British ‘user experience researcher’ Harry Brignull.
- Initial Digital Landscape:
- Google, now known as Alphabet, was perceived as a harmless search engine.
- Facebook, currently recognized as Meta, bridged global personal connections.
- Emergence and Impact:
- The dawn of profit-centric dark patterns was evident.
- Consumers were mostly unaware of the implications concerning their privacy, time, finances, and energy.
- Ubiquitous Dark Patterns Examples:
- Auto-selection of travel insurance during flight bookings.
- Compulsory provision of email or phone details to access e-commerce platforms, leading to relentless promotional messages.
- Nudges prompting users to purchase gifts during birthday acknowledgments.
Global Reactions
- European Response:
- The European Data Protection Board provided guidelines in March to identify and counter dark patterns on social platforms.
- U.S. Perspective:
- The Federal Trade Commission highlighted the increase in intricate dark patterns in September, aiming to deceive consumers.
India’s Guidelines and Focus
- Guidelines Overview:
- The Indian directives present methods to detect and combat online platform strategies like:
- False urgency creation.
- Basket sneaking.
- Confirm shaming.
- Enforced actions.
- Subscription entrapments.
- The Indian directives present methods to detect and combat online platform strategies like:
- E-commerce Tactics:
- A 2021 scholarly report concluded that over half of e-commerce platforms employ dark patterns for product sales.
- Fourth Industrial Revolution Era:
- Internet technology behemoths have meticulously gathered user behavior data.
- Utilization of this data to promote own or third-party products.
- Accumulation of profits that often overshadow the Gross Domestic Products of numerous countries combined.
- Previous Regulatory Efforts:
- Historically, India’s regulations were restricted to:
- Mitigation of tax evasions.
- Safeguarding traditional store merchants.
- Historically, India’s regulations were restricted to:
- Consumer-Centric Shift:
- Renewed emphasis on consumer welfare.
- Embracing a broader perspective to guard privacy concerning personal data on e-commerce and social media portals.
Way Forward
As the digital era progresses, regulations must evolve simultaneously to ensure consumers’ trust and security. The Indian government’s fresh approach to e-commerce, focusing on consumer protection and privacy, is a testament to its commitment towards fostering a protected, unbiased, and open digital ecosystem.
Conclusion
India’s endeavors to combat the challenges posed by e-commerce dark patterns underscore its commitment to consumer protection in the digital age. By focusing on safeguarding privacy and ensuring transparency, India paves the way for a more secure and trustworthy digital commerce future.
Practice Question for Mains
What are dark patterns? How is India regulating such practices? (250 words)
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