Advertising body to get 'dark patterns' under code on misleading ads

Representative image.

The Advertising Standards Council of India (ASCI) is looking at more areas of advertising that is manipulating consumers and has reported a new category called dark patterns that has become an area of consumer vulnerability.

The ad regulator is looking to extend its code on misleading ads to dark patterns by early next year, said ASCI CEO, Manisha Kapoor. She said that they have received consumer complaints against e-commerce platforms, gaming apps, among others regarding dark patterns.

What is a dark pattern?

A dark pattern is a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interest such as buying a more expensive product, paying more than what was initially disclosed, sharing data or making choices based on false or paid-for reviews, and so on. The term 'Dark Patterns' was coined by user experience designer Harry Brignull in 2010.

What are the different types of dark patterns?

Several kinds of dark patterns exist in the online space, and many have been identified as causing some consumer harm, said a discussion paper released by ASCI on November 10.

ASCI has recognised four dark patterns and these are the proposed areas of extension to the ASCI code on misleading ads. One is drip pricing which is a pattern when the total price is only revealed at the very end of the buying process. Second is bait and switch is a pattern which occurs when a user takes an action expecting one outcome, but instead is served an outcome they didn't want. False urgency is a dark pattern which refers to misleading information on quantities of a particular product. Disguised advertising is a pattern when an advertisement mimics editorial content.

Which category of ads come more under dark pattern?

The ad regulator said that dark pattern are witnessed in ads by e-commerce platforms, social commerce companies, in-app advertising and posts by influencers. It said that 29 percent of ads processed by ASCI in 2021-22 pertained to disguised ads by influencers, which is a kind of dark pattern. Manisha Kapoor added that since the issue of influencer advertising guidelines the awareness and compliance has increased. However, there are categories like personal care, financial where there are misleading ads by influencers.

She also said that more number of misleading ads are seen on digital versus TV and print. While there are 50 percent misleading ads on digital, TV has only 2-3 percent such ads.

What actions can be taken against ads under dark pattern category?

ASCI chief executive said that dark pattern is a new category in misleading ads and these kind of ads will attract same penalties as misleading ads.

What is ASCI doing against dark pattern?

To better understand the issue of dark patterns, ASCI formed a task force including NS Rajan, Founder Augustone Partners and Chairman ASCI; Manisha Kapoor, CEO, ASCI; Rajesh Patel- CEO Powerweave, Board

member ASCI; and Saheli Sinha, Head Complaints, ASCI. The ad watchdog has invited comments from public and other stakeholders on dark patterns till December 31.