Dark patterns

Source: NEWS24

Disclaimer: Copyright infringement not intended.

Context:

• Recent research reveals that mobile apps often use deceptive design tactics, known as dark patterns, to manipulate users into unintended actions.

Details:

• Mobile applications have become the norm in our lives that are digital, offering us loads of services at our fingertips.
• However, new research has exposed a dark trend in user experience through subtle and deceitful tactics in its design.
• These are normally in the best interest of apps designers or advertisers for having made choices that under normal circumstances, they would most likely not take.

What Are Dark Patterns?

Dark patterns are covert design techniques that websites and mobile applications use to manipulate user behavior. Coined by user experience designer Harry Brignull in 2010, these patterns exploit cognitive biases and psychological predispositions to push users toward actions that benefit service providers at the user's expense.

The intent behind dark patterns is not to enhance user experience but to subtly coerce users into making decisions that they might later regret.

Types of Dark Patterns

False Urgency	Creating a false sense of urgency to prompt immediate action or purchase.
Hidden Costs	Displaying additional charges only at the last step of the purchase process.
Bait and Switch	Advertising a product at a low price, then revealing it's unavailable and offering a higher-priced one.
Confirmshaming	Guilt-tripping users into opting for something.
Disguised Ads	Making advertisements look like other kinds of content or navigation.
Forced Action	Forcing users to perform an action to access or continue using the service.
Friend Spam	Using a user’s contact list to send promotional messages without consent.
Sneak into Basket	Adding products to the shopping cart without the user’s explicit consent.
Privacy Zuckering	Tricking users into sharing more personal information than they intended.
Roach Motel	Making it easy to get into a situation but hard to get out of it (e.g., subscriptions).

Key highlights of the draft guidelines:

Objective	To clearly identify and define tactics as dark patterns so that the Ministry of Consumer Affairs can act against platforms indulging in this under Section 18 of the Consumer Protection Act, 2019.
Defines Dark Patterns	Definition: Deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform.
	Purpose: Designed to mislead or trick users into doing something they originally did not intend or want to do.
	Effect: Subverts or impairs consumer autonomy, decision-making, or choice.
	Legal Implication: Amounts to misleading advertisement, unfair trade practice, or violation of consumer rights.
	Example: False urgency, where an online seller makes false claims of limited stock (“hurry, only two items left!”), misleading the user/buyer into making an immediate purchase.
Prohibitions	The draft guidelines propose prohibitions against engaging in dark patterns.
Applicability	The draft guidelines, once notified, shall apply to all platforms systematically offering goods or services in India, advertisers, and sellers.

 

Legal and Ethical Implications

Dark patterns blur the line between savvy marketing and unethical manipulation, prompting a response from legal frameworks worldwide:

European Union (EU): Legislation such as the Unfair Commercial Practices Directive (UCPD), General Data Protection Regulation (GDPR), Digital Services Act (DSA), and Digital Markets Act (DMA) aims to ensure fair digital interactions. These regulations prohibit misleading designs and mandate greater transparency, providing users with more control over their digital experiences.

United States (US): Though still evolving, American law is catching up. Cases like Noom’s $62 million settlement for deceptive subscription practices and AT&T’s $105 million fine for unauthorized charges underscore the legal repercussions of employing dark patterns. Regulatory bodies such as the Federal Trade Commission (FTC) are increasingly scrutinizing and penalizing companies that employ these manipulative tactics.

Real-World Examples

Several high-profile companies have been implicated in using dark patterns:

• Noom: Paid $62 million to settle charges related to deceptive subscription and auto-renewal practices, highlighting the financial risks of using dark patterns.
• AT&T: Fined $105 million for adding unauthorized fees to customer bills, demonstrating the legal consequences of such manipulative tactics.
• HP: Designed ink cartridges to cease functioning when the user cancels their subscription, illustrating a physical product issue related to dark patterns.
• Skype: Misleading users into uploading their address books, showcasing how dark patterns can invade personal privacy.

Combating Dark Patterns

To counteract dark patterns, users should:

• Stay Informed: Educate themselves about common manipulative tactics. Awareness is the first step towards recognizing and avoiding dark patterns.
• Read Terms and Conditions: Though tedious, scrutinizing terms and conditions can uncover hidden clauses that might lead to unintended commitments.
• Regulatory Awareness: Stay updated on consumer protection laws that can offer recourse against deceptive practices.
• Use Tools: Employ browser extensions and software designed to highlight and block potential dark patterns.

Conclusion

• Dark patterns are a significant issue in the realm of digital interactions, preying on users’ trust and lack of detailed scrutiny.
• As digital consumers, staying vigilant and informed is crucial, and advocating for stronger regulatory frameworks will help create a more transparent and fair internet for all.

Source:

https://news24online.com/tech/exposing-dark-patterns-how-mobile-apps-manipulate-users-through-deceptive-design/315080/

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PRACTICE QUESTION Q. Discuss the concept of "dark patterns" in the digital era. Examine the ethical implications of these practices and discuss the regulatory measures required to protect consumer interests while fostering innovation in the digital economy.