Niraj Dubey
In the present era of digital transformation especially in India, the e-Commerce market is experiencing substantial growth and is significantly impacting the traditional retail landscape. Factors like increased internet and smartphone penetration, affordable data plans, and the government’s focus on digitalization are driving this growth. Online Shopping has become a global phenomenon, providing shoppers with the convenience of purchasing products from anywhere in the world. however, there is another side to this digital retail industry, as some websites and platforms use deceptive techniques known as dark patterns to manipulate users into taking actions or making decisions that are not in their best interests. The term “Dark Pattern” was coined in 2010 by UK-based user experience designer Harry Brignull, “It refers to any user interface that has been deliberately crafted to mislead or manipulate users into actions they might not otherwise take. The practice is seen across a wide range of sectors, from retail to travel, health to social media. One frequent example is the “sneak into basket” design, where an additional item is quietly added to a user’s online shopping cart without explicit consent. Dark patterns can also take the form of hidden costs that only appear at the final stage of checkout. while they often stay within the letter of the law, they operate in a grey area that challenges existing consumer protection laws. For instance, under “India’sConsumer Protection Act, 2019, unfair trade practices are prohibited but enforcement depends on proving that a pattern is deceptive, intentional, and has caused harm. this is often difficult in digital contexts, where user interaction is rapid.Some key examples of dark patterns include –
“Bait and Switch,” — where a product or service is often displayed at a low price but replaced with a more expensive one at checkout.
“Disguised Ads” — slip in promotional content with regular content. users tend to find it difficult to distinguish between the two.
“Forced Continuity”– involves automatically enrolling users into subscription services after a free trial without any notification, knowledge, or consent, often leading to unexpected charges.
“Hidden Costs” — is another dark pattern where websites or apps sneakily add additional charges during the purchasing process making it hard for users to know the actual price upfront.
“Misleading Visuals”– directs user attention to influence decision-making, such as using prominent buttons or misleading graphics. Some dark patterns rely on the fact that the user is in a rush to make the purchase, therefore, it is easier to sway their decision. they rely on the fact that the user isn’t paying attention to detail. Then there are some websites that use psychology techniques to influence the buyer’s decision. this is where the human subconscious comes into play.
On experiencing the negative impact and deceptive action by various eCommerce industry stakeholders, Union Minister for Consumer Affairs, Food and Public Distribution and New & Renewable Energy, Shri Prahlad Joshi,had chaired a high-level stakeholder meeting on 28th of May – 2025, which brought together key representatives from major e-Commerce companies, industry associations, voluntary consumer organizations, and national law universities for a focused dialogue on eliminating deceptive online practices, to address the growing concern around dark patterns in digital commerce. The consumers of today are vigilant, informed, and increasingly aware of their rights-they will not tolerate deceit. The Union Minister emphasised the importance of responsible industry behaviour, adding that the guidelines on Dark Patterns were the result of intensive consultations with various stakeholders, including leading e-commerce companies, likewise, Amazon, Flipkart, Swiggy, Zomato, Apple, Meta etc., and other industry associations, have participated in the meeting,with mutual agreement reached, the Minister urged all companies to now fully comply with the guidelines and integrate them into their internal governance and consumer protection mechanisms and conducts regular internal audits to identify and eliminate dark patterns on their platforms. On seeing the implementation of such guidelines, a spokesperson for Make-My-Trip said, “we take the issue of dark patterns seriously and were the first in the travel industry to engage an independent consultant to proactively identify and address any unintentional dark pattern concerns. we fully support the department’s initiative and believe it is a much-needed step toward fostering greater trust and accountability in the digital ecosystem.”
Legal steps against Dark Pattern under IT-Act
In recent months, The Indian Government has also recently taken significant action by enforcing several laws for protecting consumers from deceptive practices in e-Commerce. The ministry of consumer affairs, food and public distribution has issued a ban on the use of dark patterns as they exploit consumers’ lack of knowledge about the digital environment, causing potential harm or financial loss in online shopping platforms. This move is part of a broader effort to safeguard consumers from unfair trade practices, as outlined in the consumer protection act of 2019, to ensure that businesses no longer use manipulative tactics to take advantage of unsuspecting consumers, creating a fairer and safer e-commerce landscape in the country. Businesses should focus on showcasing the genuinity and true value of their products or services. This helps build trust and loyaltyby preventing cart abandonments, ensure transparency regarding product pricing, shipping charges, and return policies among their online customers without compromising customer privacy.By adopting these ethical approaches, eCommerce businesses can build trust with their customers and create a more positive and sustainable shopping environment, benefiting both the business and its users.
(The Author is Sr. Faculty – GCET Jammu & Cyber Security Warrior J&K)
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