In the vast digital landscape of online advertising, we often encounter deceptive design patterns known as ‘Dark Patterns.’ These patterns encompass various practices found in online interfaces that lead consumers to make choices against their best interests. However, defining and identifying these patterns can be complex due to the diverse practices involved and differing opinions on what constitutes a ‘Dark Pattern.’

Recently, the Advertising Standards Council of India (ASCI) has received a significant number of complaints, shedding light on the urgency to address deceptive design patterns in online advertising. These complaints highlight concerns about consumer online safety and the need for ethical practices within the industry.

Understanding The Philosophy Of Dark Patterns

The OECD (Organization for Economic Co-operation and Development) Committee on Consumer Policy offers a working definition of ‘Dark Patterns’, aiming to facilitate discussions among regulators and policymakers. Dark commercial patterns are business practices that employ elements of digital choice architecture, particularly in online user interfaces, to subvert or impair consumer autonomy, decision-making, or choice. These patterns often deceive, coerce, or manipulate consumers, ultimately causing direct or indirect harm, even if quantifying such harm is challenging in many cases.

The End Goals of Dark Patterns

Dark Patterns typically share one or more end goals, all geared towards increasing business revenue. These goals include persuading consumers to make purchases they wouldn’t normally make or buy more of a product or service, spending more money or time than desired, or divulging more personal data than intended.

Everyday Examples of Dark Patterns

While Dark Patterns can manifest in various contexts, this set of guidelines focuses exclusively on their presence in digital advertising across platforms like e-commerce, airline, food delivery apps, and websites. By examining a few specific patterns, we can gain a better understanding of the issues at hand.

The New Sets of ASCI’s Guidelines

1. Drip Pricing: Preventing Ambiguity in Pricing

Drip pricing refers to a practice where elements of prices are hidden until the very end of the buying process or post-confirmation of purchase. This lack of transparency creates ambiguity around the final price and hinders easy price comparisons. To counter this, quoted prices in advertisements and e-commerce sites should include non-optional taxes, duties, fees, and charges applicable to all or most buyers. For example, if a shirt is advertised at Rs. 1000, but the final payable amount is Rs. 1750 due to additional charges, such as taxes, delivery fees, or platform convenience fees, these charges must be clearly displayed in the initial ad.

2. Bait and Switch: Maintaining Honesty in Advertising

Bait and Switch occurs when an ad or an element within it implies one outcome based on the consumer’s action but ultimately delivers an alternative result. This deceptive tactic misleads consumers and violates their trust. Examples of this pattern include offering a product at a certain price but making it available only at a higher price or advertising an attractive product and then revealing it is out of stock, offering an alternative instead. Another deceptive variation involves changing the meaning of key symbols. For instance, the “X” symbol typically understood as “close” might instead mean “accept/proceed,” confusing users and leading to unintended actions.

3. False Urgency: Avoiding Misleading Claims

Creating a false sense of urgency is a common Dark Pattern. It involves stating or implying that quantities of a particular product or service are more limited than they actually are. Advertisers must be able to demonstrate that the stock position at the time of the limited quantity message aligns with the urgency communicated. By avoiding misleading claims, businesses can ensure transparency and trust with consumers.

4. Disguised Ads: Transparent Disclosure

Disguised Ads blur the line between advertising and organic content, mimicking the format of editorial or organic content without proper disclosure. To maintain honesty, any advertisement that resembles editorial or organic content should be clearly labelled as an ad. This includes influencer posts, paid reviews, and ads strategically placed to appear like regular content. Transparency is key to fostering trust in the advertising ecosystem.

As the advertising landscape continues to evolve, addressing deceptive design patterns in online advertising is crucial to maintaining trust, protecting consumers, and fostering a healthy digital ecosystem. The Advertising Standards Council of India (ASCI) has taken note of the rising number of complaints related to misleading ads, underlining the need for proactive measures. By adhering to the guidelines provided, advertising agencies can play a pivotal role in promoting transparency, honesty, and consumer empowerment. Together, we can ensure that the online advertising landscape serves the best interests of consumers while facilitating responsible business practices.