Govt asks e-commerce firms to create a self-regulatory framework to end 'dark patterns'

The government has taken serious note of 'dark patterns' and asked e-commerce firms to create a self-regulatory framework to stop such practices, Consumer Affairs Secretary Rohit Singh said on Tuesday.

The e-commerce sector has the largest contribution to dark patterns, and the framework will be created in the next two months, Singh told presspersons here after a stakeholder meeting.

Dark patterns refer to practices that deliberately exploit consumers on the internet, like adding items to a shopping cart even though a user has not opted for it, changing the price of a product at the time of checking out, or even creating a false sense of urgency to advance a buying decision.

Singh, who was present in the over two-and-half hour meet here, said he has asked e-commerce players like Amazon, Flipkart, Swiggy and Zomato, in association with the Advertising Standards Council of India and some law firms, to create a self-regulatory framework to help curb such practices.

He said education and awareness are essential as, many a time, the consumer and seller on a marketplace, like an e-commerce platform, are not aware of the modus operandi deployed by intermediaries to maximise sales or make a sale happen.

If such practices continue even after awareness and creation of a self-regulatory framework, the government may look at coming up with regulations on the matter, Singh said, adding that the statutes governing consumer protection are wide right now and dark patterns do fall under unfair trade practices.

However, enforcement of the law by acting against errant brands may be counter-productive, and hence, efforts are being made to take a step-by-step approach at present.

Also read: ASCI looking to extend its code to tackle issues of manipulation by digital platforms’ user interface

ASCI's chief executive Manisha Kapoor said the ad industry's self-regulatory body will be coming out with its guidelines on dark patterns very soon, but added that it is a wider subject concerning areas beyond advertising, such as transactions, subscriptions, etc.

"Many (e-commerce firms) say we are marketplaces and do not have full controls, but I think, we are going to push back on that," she made it clear.

Singh also said the government has made it clear to e-commerce firms like Amazon and Flipkart that consumers' trust in the brand gets them to shop on their platform, and hence, they cannot shy away from responsibility and will have to share some liability in case something goes wrong.

He, however, made a distinction between e-commerce players and the state-promoted ONDC (open network for digital commerce), saying the latter is a protocol, which has all the buyers, sellers and also marketplaces like Amazon and Flipkart on it.

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