Companies under ad watchdog scanner for business-boosting 'dark patterns'

Dark pattern has been defined as a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interest

Ever wondered why you ended up paying Rs 250 online when you thought you had chosen an option that cost Rs 100 or rushed to buy an airline ticket at a higher rate after seeing that "only two seats left" when that may not be the case?

Practices employed by companies on digital platforms to attract more business known as "dark patterns" to lure customers for extra businesses have now come under the scanner of the Advertising Standards Council of India (ASCI), which set up a task force to study the phenomenon.

The ASCI is now planning to include some of the "dark patterns" like 'drip pricing' where total price is revealed only at the end of the purchase, 'bait and watch' where an advertisement directly or indirectly implies one outcome based on the consumer's action but instead serves an alternative outcome, 'false urgency' where stating the products are more limited than they actually are and 'disguised advertising'.

It plans to include 'drip pricing', 'bait and watch', 'false urgency' and ‘disguised advertising' in its Code. The ASCI has invited comments from public and stakeholders on the issue by December 31.

“There is a thin line between dark patterns and legitimate targeting and persuasion tactics. Dark patterns cause consumer harm and with the ever-increasing presence of advertising on digital platforms, these are now under sharp scrutiny of ad-regulators around the world," ASCI CEO and Secretary General Manisha Kapoor said.

Dark pattern, coined by user experience designer Harry Brignull in 2010, has been defined as a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interest. This includes buying a more expensive product, paying more than what was initially disclosed, sharing data or making choices based on false or paid-for reviews, the ASCI said in a paper published on the subject.

"The increasing presence of dark patterns force consumers to be on guard and suspicious of the online space. In the long run, such tactics ruin customer experience, lower brand image and loyalty and increase abandonments," the paper 'Dark Patterns: The New Threat to Consumer Protection - Discussion Document' said.

It said e-commerce companies spend millions of dollars designing user interfaces and navigation paths that eventually lead to more business. "Every day, technology offers new ways of engaging with consumers. However, when these are done in a way that steers the consumer to choices that are prejudicial to their interest, a line is crossed," the paper said.

The paper acknowledged that the key challenge is to differentiate between persuasive tactics usually deployed by advertising and manipulative tactics that form dark patterns. It said dark patterns harm both consumers and honest brands and it is precisely for this reason that honest advertisers and platforms must step up to improve their transparency and ensure that consumers are "well informed – but not overwhelmed – to make their decisions''.