Govt says 26 e-commerce players declare they are free from dark patterns; asks others to comply

New Delhi, Nov 20 (PTI) As many as 26 top e-commerce companies, including Zepto, BigBasket and Zomato, have given an undertaking that their platforms are free from misleading claims and unfair trade practices which constitute 'dark patterns', the government said on Thursday.

The Centre, which is keeping a close watch on e-commerce platforms for any potential violation of dark patterns, said it would take action against such practices to protect consumer interests.

In a statement on Thursday, the Department of Consumer Affairs informed that as many as 26 leading e-commerce platforms have "voluntarily submitted self-declaration letters" confirming compliance with the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

Zepto, Zomato, Swiggy, Jiomart and BigBasket are among these 26 e-commerce platforms.

Dark patterns involve using design and choice architecture to deceive, coerce, or influence consumers into making choices that are not in their best interest. They encompass a wide range of manipulative practices, such as drip pricing, disguised advertising, bait-and-switch, and false urgency.

The department described the self-declaration as a significant step towards protecting consumer interest in the digital marketplace.

According to the statement, these 26 e-commerce players have conducted internal self-audits or third-party audits to identify, assess and eliminate any presence of dark patterns.

"All 26 companies have declared that their platforms are free from dark patterns and do not deploy any manipulative user interface designs," the department said.

The Central Consumer Protection Authority (CCPA) said these declarations would encourage other companies to adopt similar self-regulation.

The government has been working to curb these practices that mislead or manipulate consumers.

The Guidelines for Prevention and Regulation of Dark Patterns, 2023, which were notified on November 30, 2023, identify and prohibit 13 dark patterns.

These are: False Urgency; Basket Sneaking; Confirm Shaming; Forced Action; Subscription Trap; Interface Interference; Bait & Switch; Drip Pricing; Disguised Advertisements; Nagging; Trick Wording; SaaS Billing; and Rogue Malwares.

In June this year, the CCPA issued an advisory asking all e-commerce platforms and online service providers to conduct a mandatory self-audit within three months to detect and eliminate dark patterns.

Some of the e-commerce platforms that have self-declared their platforms are free of dark patterns include Pharm Easy, Zepto Marketplace, Flipkart Internet, Myntra Designs, Walmart India, MakeMyTrip (India), BigBasket (Innovative Retail Concepts), and JioMart (Reliance Retail).

The other leading e-commerce platforms that have declared Compliance with self-audit to eliminate dark patterns include Zomato, Swiggy, Blinkit, Page Industries, William Penn, Cleartrip, Reliance Jewels, Reliance Digital, Netmeds, Tata 1mg, Meesho, Ixigo, MilBasket, Hamleys, Ajio, Tira Beauty (Reliance Retail Ltd), Duroflex Pvt. Ltd and Curaden India.

The CCPA has directed other e-commerce platforms, marketplace entities, service providers, and app developers to emulate the action taken by these companies and remove dark patterns.

"Every business operating in India's digital space must recognize that manipulative practices are short-sighted strategies that harm both consumers and businesses in the long run," the CCPA added.

The department said that consumers have been educated to identify dark patterns and report them. These have been through the National Consumer Helpline (NCH), social media campaigns, informative videos, and outreach programmes.

Such consumer complaints are being systematically addressed, and enforcement action is being contemplated wherever necessary.

The CCPA is maintaining a close watch on potential violations and would not hesitate to act against errant platforms, it added. PTI MJH ANZ DRR