MC EXPLAINER How 'dark patterns' quietly trick you and why government is calling them out

What are dark patterns?

Dark patterns are deceptive design elements in user interfaces that steer users toward decisions they might not have made with full information or intention.

These patterns can influence users to sign up for services, spend more money or give away personal data — often without clearly realising it. They rely on visual misdirection, confusing language or non-transparent settings that exploit how people process information and make choices.

In November 2023, the consumer affairs department defined 13 types of dark patterns as “unfair trade practices” under Indian law.

These include tactics such as drip pricing (where extra fees are only revealed at the final checkout step), false urgency (like fake countdown timers), bait and switch (advertising one thing but delivering another), confirm shaming (guilting users into agreeing) and subscription traps (which make it difficult to cancel a service).

Other manipulative tactics on the list are forced action, interface interference, disguised ads, trick questions, SaaS billing, nagging, basket sneaking and rogue malware masquerading as legitimate prompts.

These practices undermine user autonomy and erode trust in digital services, especially as online platforms become central to daily life.

How common are dark patterns in India?

A 2024 report by the Advertising Standards Council of India (ASCI) revealed the extent to which dark patterns are embedded in Indian apps.

The report found that 52 of the top 53 most-downloaded apps in India used at least one form of deceptive design, including hidden charges, pre-selected consent boxes, countdown timers, or misleading prompts.

These tactics were not isolated or accidental but systematic features of many digital services, it said.

An even broader investigation by citizen engagement platform LocalCircles, conducted over 18 months, reached similar conclusions.

Based on inputs from over 230,000 consumers across 392 districts and reviews of 228 online platforms, the survey found that more than half of all platforms used the forced action pattern where users had to take unrelated steps such as downloading an app or providing unnecessary personal information to proceed.

Drip pricing was observed in 48 percent of the platforms, followed by bait and switch, subscription traps and interface interference.

The most affected sectors included edtech, travel, airlines, e-commerce, quick commerce, digital banking, ride hailing and streaming services.

What has the government done so far?

India’s regulatory efforts to address dark patterns began in June 2023, when ASCI released voluntary guidelines focused on deceptive advertising and UI design.

In November 2023, the consumer affairs department issued guidelines that legally classified 13 dark patterns as violations of the Consumer Protection Act, 2019. Penalties include fines of up to Rs 20 lakh and imprisonment of up to six months.

In August 2024, ASCI’s report added urgency to the issue by providing empirical evidence of how common these practices were.

The government has since launched a set of digital tools aimed at empowering consumers, including a revamped Jagriti App, a Jago Grahak Jago App and a Jagriti Dashboard. These platforms aim to help consumers identify dark patterns and access redressal mechanisms more easily.

The May 28 meeting marked the strongest directive yet from the Centre. According to the ministry, stakeholders “in principle” agreed to comply with the guidelines. Joshi also addressed recent complaints about the “advance tip” feature on ride-hailing apps such as Ola, Uber, and Rapido, saying companies would be given some time to take corrective action.

“Tip is given as a token of appreciation not as a matter of right, after the service,” Joshi had said in an earlier post on X.

How can consumers protect themselves?

While the regulatory framework is tightening, consumer awareness remains a critical first line of defence. The consumer affairs ministry is encouraging users to utilise the Jagriti and Jago Grahak Jago apps to report deceptive practices and educate themselves about digital rights.

Consumers should also watch for common red flags such as prices that jump at checkout, buttons that are hard to refuse and forms that hide opt-out options.

Understanding that not every deal or notification is genuine can help users avoid being nudged into unintended actions. Tools like the Jagriti Dashboard aim to make it easier to track complaint outcomes and monitor non-compliant platforms.

LocalCircles called for stronger enforcement of existing guidelines, saying even 18 months after formal rules came into effect, deceptive design remains deeply embedded across sectors.

What next?

The government’s proposal for a joint working group and mandatory audit disclosures could mark a turning point in how India approaches online consumer protection.

But the gap between guidelines and ground reality remains wide. While platforms have agreed to cooperate, the effectiveness of the crackdown will depend on rigorous enforcement and continued public vigilance.

As more commerce, finance, and daily activity shifts online, trust in digital services hinges on transparency and consent, not design tricks hidden in plain sight.

(Disclosure: Moneycontrol is a part of the Network18 group. Network18 is controlled by Independent Media Trust, of which Reliance Industries is the sole beneficiary.)