Context: The Ministry of Civil Aviation recently took action following complaints about deceptive practices by airlines and online travel agents, requiring IndiGo to make changes to its website.
“A dark pattern is one where an entity nudges consumers to buy products they didn’t intend to, which is an unfair trading practice, and can constitute a cybercrime.”
Dark Pattern
About: Dark patterns, also known as deceptive patterns, refer to the tactics employed by websites or apps to lead users into unintended actions or discourage behaviors that are unfavourable for the companies.
Coined by: Harry Brignull, a user experience (UX) designer in 2010, this term encapsulates the strategies used by platforms to manipulate user behavior.
Examples: Intrusive ads that are difficult to dismiss, often due to tiny, hard-to-find "X" buttons, leading users to accidentally click on the ad instead.
Use of Dark Patterns
Social media companies and Big Tech firms such as Apple, Amazon, Skype, Facebook, LinkedIn, Microsoft, and Google use dark or deceptive patterns to downgrade the user experience to their advantage.
In social media, LinkedIn users often receive unsolicited, sponsored messages from influencers.
Dark pattern in India: Section 2(9)(v) of Consumer Protection Act, 2019 provides for consumer’s right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers.