Dark patterns exposed: E-commerce platforms ordered to audit user interfaces

To strengthen enforcement and raise public awareness, the Ministry of Consumer Affairs, in collaboration with IIT BHU, launched three tools—Jagriti App, Jago Grahak Jago App, and Jagriti Dashboard—for reporting dark patterns, rating platforms, and analyzing consumer complaints

In a decisive move to bolster consumer rights in the digital economy, the Union Ministry of Consumer Affairs has mandated e-commerce platforms to conduct annual internal audits targeting the elimination of "dark patterns"—deceptive design elements embedded in digital interfaces that manipulate user behaviour.

Announced during a high-level meeting chaired by Union Minister Pralhad Joshi in New Delhi on May 28, the directive marks a strategic shift in how online platforms will be held accountable for UI/UX practices that compromise user autonomy. The gathering brought together more than 50 stakeholders, including tech giants such as Amazon, Apple, Google, Meta, and Flipkart, along with representatives from industry bodies like NASSCOM, FICCI, and CAIT, and consumer advocacy groups.

Mandatory annual audits and joint oversight

Under the new compliance framework, digital platforms are now required to conduct yearly audits to identify and remove dark patterns from their interfaces. These audits must be submitted to the Department of Consumer Affairs (DoCA), with clear evidence of remedial measures taken to enhance transparency and protect consumer choice.

To ensure ongoing accountability, a joint working committee will be formed. It will comprise officials from the ministry, representatives from major platforms, and consumer rights organizations. The committee will oversee implementation, monitor submitted audit findings, and provide periodic compliance assessments.

“Companies have committed to submitting annual reports detailing how misleading interface elements are being redesigned or removed. This is essential to preserving consumer autonomy and preventing unintended purchases or data disclosures,” said Joshi.

Accountability extended to sellers and ride-hailing services

The crackdown also extends beyond platform operators to third-party sellers and partners. Platforms have been instructed to ensure that external merchants do not deploy manipulative tactics that could make consumers feel coerced or misled during transactions.

This regulatory push follows recent action by the Central Consumer Protection Authority (CCPA) against ride-hailing firm Uber. The company’s “advance tip” feature came under scrutiny for allegedly nudging users into tipping drivers before the service was rendered. The ministry has since expanded its investigation to Ola and Rapido. "Tipping should be voluntary and post-service—not something forced in advance," Joshi asserted in a social media post.

Since the guidelines on dark patterns were introduced in November 2023, the CCPA has issued 11 notices to companies spanning sectors from pharma to travel and transportation.

Widespread use of manipulative designs

Dark patterns—design tactics intended to mislead users—are increasingly prevalent. These include techniques like false urgency, basket sneaking, subscription traps, confirm shaming, and trick-to-click practices. A 2024 study by the Advertising Standards Council of India (ASCI) found that 52 of the 53 most-downloaded Indian apps employ at least one such tactic, underscoring the scale of the issue.

Tech-driven consumer tools rolled out

To enhance enforcement and raise public awareness, the Ministry of Consumer Affairs has introduced three new digital tools developed in collaboration with IIT BHU. The first, the Jagriti App, allows consumers to report instances of deceptive design practices directly from their devices, enabling quicker identification and response. The second, the Jago Grahak Jago App, offers users real-time safety ratings for various e-commerce platforms, helping them make more informed choices. Lastly, the Jagriti Dashboard serves as an analytical tool for regulators, providing insights into consumer complaints and patterns of platform behaviour to support data-driven policy decisions.

Consumer Affairs Secretary Nidhi Khare noted an uptick in complaints about dark patterns via the National Consumer Helpline. “Consumers are now recognizing and reporting these issues. The onus is now on platforms to act responsibly,” she said.