Dark
patterns
Prelims:
Polity & Governance, Digital
Governance
Mains:
GS Paper II-Governance, GS Paper III-Science &
Technology
Current relevance:
The Central Consumer Protection Authority
(CCPA) imposed a ₹1 lakh penalty on
SpiceJet for using dark patterns on its flight booking platform.
Highlights:
Dark patterns:
1.
They are
deceptive user interface (UI) designs that manipulate or mislead users into making choices they would not have made voluntarily.
2.
They impair consumer
autonomy, undermine informed decision-making, and violate the
principles of fair and transparent digital commerce.
Dark Patterns in SpiceJet's
Booking Platform:
1.
Forced Action –
automatic enrolment of consumers into the SpiceClub Loyalty Programme through a pre-ticked checkbox.
2.
Interface Interference – presenting the company's preferred option as the default choice, thereby influencing consumer
decision-making.
3.
Trick Question – use
of confusing and
negatively worded consent language that had the potential to mislead consumers.
Legal Provisions:
1.
Consumer
Protection Act, 2019, relating to
unfair trade practices, unfair contracts and misleading representations.
2.
Rule
4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained
through explicit and affirmative action
3.
Guidelines
for Prevention and Regulation of Dark Patterns, 2023.
About the Central Consumer
Protection Authority (CCPA):
1.
It was
established under the Consumer
Protection Act, 2019, and functions
under the Ministry of
Consumer Affairs, Food & Public Distribution to protect and promote consumer rights.
2. It investigates unfair trade practices and misleading advertisements, and has the authority to impose penalties, order product recalls, and initiate legal action against violators.
Source: PIB - https://www.pib.gov.in/PressReleaseDetail.aspx?PRID=2285871®=6&lang=1