The Guidelines For Prevention And Regulations Of Dark Patterns, 2023: An Analysis

As India is witnessing an increase in the volume and techniques in e-commerce and digital marketing, the need for regulation is necessary and ever present. With an objective to curb deceitful advertisements and inducement techniques that are adopted by online selling platforms / e-commerce platforms, advertisers and sellers, the Government notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 on November 30, 2023 (the "Guidelines").

The Guidelines define Dark Patterns as 'any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intent or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights'.'