Centre directs e-commerce firms to audit dark patterns, proposes forming joint working group

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In a bid to rein in manipulative digital design practices, the Union Ministry of Consumer Affairs on May 28 directed leading e-commerce platforms to comply with dark pattern guidelines, conduct regular audits, and collaborate with the government to form a joint committee aimed at tackling the issue more effectively.

The directives were issued during a high-level meeting in New Delhi chaired by Union Minister Pralhad Joshi, where the government said stakeholders had “in principle” agreed to comply with the November 2023 guidelines issued by the ministry, which outline 13 dark patterns classified as unfair trade practices under Indian law.

“We have proposed setting up a joint working committee…We have also asked for internal audit (by e-commerce platforms),” Joshi said, addressing a press conference.

Consumer affairs secretary Nidhi Khare added that the government has asked platforms to assess their own interfaces for any such deceptive design.

“The government in the meeting today has asked e-commerce platforms to conduct audits and analyse if they are indulging in any dark patterns. The companies should display the audit results on their respective sites then,” Khare said.

Notably, third party sellers affiliated with e-commerce platforms will also have to adhere to dark patter guidelines.

Dark patterns refer to deceptive design tactics embedded in websites and apps that trick users into unintended actions—such as making unwanted purchases, signing up for subscriptions, or sharing personal data. These patterns often operate subtly, exploiting user behaviour through design nudges and misleading prompts.

Among those present at the meeting were companies such as Amazon, Flipkart, Swiggy, Zomato, Meesho, Paytm, Ola, Apple, WhatsApp, MakeMyTrip, EaseMyTrip, Netmeds, and Reliance Retail. Also attending were representatives from National Law Universities, consumer advocacy groups, and public policy think tanks.

Over the recent issue of ‘advance tip’ feature on ride-hailing platforms including Ola, Uber and Rapido, the minister said the companies would be given some time to take corrective action. The government will further investigate the matter and take action accordingly, the minister added.

On May 21, Central Consumer Protection Authority (CCPA) issued notice to Uber over asking users to pay a tip in advance for securing a faster ride. A day later, Joshi informed of CCPA investigating other apps including Ola and Rapido over the same issue.

Joshi had said such actions by ride-hailing apps fall under unfair trade practices. “Tip is given as a token of appreciation not as a matter of right, after the service,” he said in a post on X.

Regulatory efforts to tackle dark patterns began in June 2023, when the Advertising Standards Council of India (ASCI) issued voluntary guidelines focused on deceptive patterns in advertising. This was followed by the Department of Consumer Affairs releasing formal guidelines in November 2023, identifying 13 dark patterns—including “drip pricing”, “false urgency”, “bait and switch”, and “confirm shaming”—as violations of consumer rights under Indian law.

The issue gained further urgency in August 2024, when ASCI published a report revealing that 52 of the top 53 most-downloaded Indian apps employed at least one deceptive design tactic. These included hidden charges, countdown timers, pre-ticked consent boxes, and misleading prompts—design choices that subtly manipulate user decisions and undermine meaningful consent.

While companies have agreed in principle to comply, the coming months will reveal the extent of actual implementation. The government’s proposal for a joint working group and mandatory audit disclosures could mark a turning point in India's efforts to safeguard digital consumer rights.