Are you being tricked? Study unmasks sneaky 'Dark patterns' in Indian apps

New Delhi: A recent study has uncovered a sneaky trend in India's app ecosystem: the rampant use of deceptive design tricks, known as 'dark patterns,' to manipulate users. Research by Parallel, presented at a webinar by the Advertising Standards Council of India (ASCI), highlights this widespread issue in the Indian app industry. 

What are they?   

Dark patterns are design elements embedded within apps and websites that can mislead users into actions they might not otherwise take. These patterns exploit psychological vulnerabilities and cognitive biases to benefit the business. 

Robin Dhanwani, Founder of Parallel, provided examples of these patterns, explaining that they are "deliberate design choices aimed at influencing user behaviour." Instances such as 'confirm shaming' and 'drip pricing' were cited as common tactics. Additionally, ‘forced continuity,’ where users are automatically renewed at the end of a free trial, was discussed as another prevalent issue.

Regulating dark patterns

A study by Parallel analysed 53 of India's most popular apps. The findings showed that 52 of these apps employed at least one deceptive pattern, indicating a significant issue within the Indian app ecosystem. 

Manisha Kapoor, Secretary-General of ASCI, said, "Regulating digital design is complex due to its constantly evolving nature and the creativity involved in crafting these deceptive practices."

"Promoting ethical design practices is essential for ensuring that user experiences are both fair and transparent," as per Kapoor. This reinforces the idea that ethical considerations should be integral to design processes in order to protect consumers. 

She added, "Developing industry-wide standards for design practices can help mitigate the prevalence of dark patterns and promote fairness in digital interactions."  

Rohit Kumar Singh, former Secretary of the Department of Consumer Affairs, highlighted the 'subscription trap' as a particularly problematic pattern. 

Singh emphasised the need for regulatory frameworks to address these issues, stating, "Regulations must be clear and robustly enforced to protect consumers from such practices." 

He also referenced successful frameworks from other countries as potential models for India, adding, "Other countries have managed to curb these practices effectively, and we should look to them for guidance." 

The research underscored the growing vulnerability of consumers in the digital age. Singh argued that the traditional power balance between buyers and sellers has shifted, with consumers at a disadvantage. This vulnerability is exacerbated by the increasing number of new internet users in India, many of whom lack the digital literacy to recognise deceptive practices. 

Specific anecdotes shared during the webinar illustrated how new internet users are particularly susceptible to these dark patterns due to their limited experience. Additionally, decreasing attention spans due to digital consumption habits make users more susceptible to manipulation.

Need for collaborative regulations of dark patterns

The webinar emphasised the need for a collaborative approach to address dark patterns, involving industry, government, and consumer advocacy groups. 

Ashish Aggarwal, VP and Head of Public Policy at NASSCOM, acknowledged the industry's role in addressing the issue. He noted that while there is a growing awareness, AI's potential to create "targeted" deceptive practices necessitates setting up ethical guidelines and industry standards specifically tailored for AI applications. Aggarwal also suggested incorporating digital literacy into school curricula to create a more informed consumer base.

Government regulations, as highlighted by Singh, are also crucial for establishing clear guidelines and enforcing compliance. He also discussed the broader context of consumer behaviour, pointing out that the decline of traditional brick-and-mortar stores has led to a shift in power dynamics, making consumers more vulnerable. 

Furthermore, the increasing number of complaints related to e-commerce underscores the growing challenges faced by consumers. To protect consumers from dark patterns, a multifaceted approach is necessary, including increased consumer awareness, industry self-regulation, government intervention, and collaborative efforts. 

Impact of AI on dark patterns

The discussion also explored the potential impact of AI on dark patterns. While AI can be used to enhance user experiences, it can also be used to create more sophisticated deceptive tactics. There is a growing need for ethical guidelines and regulations in the development and use of AI in the app industry.
 
Aggarwal discussed the broader context of the industry's role in combating dark patterns. He noted that while there is growing awareness of these deceptive practices, there is a need for a more concerted effort within the industry.  

He mentioned that AI could be used to create "targeted" deceptive practices, making it even more crucial to incorporate training on ethical design principles.  

He added, "AI has the potential to create sophisticated deceptive tactics. We must ensure that ethical design principles are integrated into AI development."  

Data protection efforts and ethical design should be layered, in his opinion, and the industry needs to engage in more comprehensive self-regulation and education to address these challenges effectively.  

Influencer guidelines and consumer education 

The webinar also addressed the role of influencers in promoting products and services. Kapoor
emphasised the importance of influencers being transparent about their endorsements. She stressed that clear disclosure and adherence to ethical standards are essential for maintaining consumer trust, particularly in sensitive areas like health and finance. 

Aggarwal suggested incorporating digital literacy into school curriculums to foster a more informed consumer base. He argued that educating young users early on about digital deception and ethical online behaviour can help combat dark patterns and create a more aware and resilient user community. 

Kapoor stated, "We are seeing a concerning trend where influencers are not always transparent about their endorsements, especially in critical areas like health and finance. It is vital that influencers disclose their affiliations clearly to maintain consumer trust."  

She highlighted the role of consumer advocacy in raising awareness and addressing dark patterns. She said, "Consumer advocacy groups play a pivotal role in educating users about their rights and the deceptive practices they might encounter." 

This points to the collaborative efforts needed between various stakeholders to improve consumer protection. 

Currently, ASCI is endeavouring to address these issues; as she said, "ASCI is working on new guidelines that will address the nuances of influencer marketing and ensure greater transparency. We are committed to creating a safer environment for consumers by enhancing the disclosure standards for influencer promotions." 

Key Findings of the Report:

1. Four deceptive patterns accounted for 78% of the total occurrences: privacy deception (24%), drip pricing (19%), interface interference (18%), and false urgency (17%).
2. > 80% of apps exhibited deceptive patterns in the settings/profile section.
3. All e-commerce apps studied made it difficult for users to delete their accounts.
4. Some health-tech apps—4/5—relied on creating time-based pressure (false urgency) to rush users into making decisions.
5. Basket sneaking was four times more prevalent in delivery and logistics apps as compared to other sectors.
6. The three sectors with the highest deceptive patterns per app were health tech at 8.8, travel booking at 7.2, and e-commerce at 5.3.
7. The lowest incidences of deceptive patterns per app were observed in streaming services at 1.8 and in the gaming sector at 2.4.