
Media & entertainment
I. Guidelines on Prevention and Regulation of
Dark Patterns, 2023
The Central Consumer Protection Authority (“CCPA”)
has issued the Guidelines on Prevention and Regulation
of Dark Patterns, 202378 (“Guidelines”) in exercise
of its powers under Section 18 of the Consumer
Protection Act, 2019 to issue guidelines to prevent
unfair trade practices and protect consumers’ interest.
The Guidelines are applicable to all the platforms
that systematically offer goods or services in India,
advertisers, and sellers, including Indian and foreign
platforms who systematically offer goods or services79.
or deceptive design patterns using user interface or
user experience interactions on any platform that is
designed to mislead or trick users to do something they
originally did not intend or want to do, by subverting or
impairing the consumer autonomy, decision making or
choice, which amounting to misleading advertisement
or unfair trade practice or violation of consumer
rights80.” Therefore, a practice will be considered a
dark pattern only if a practice amounts to a misleading
advertisement81 or unfair trade practice82 or violation of
consumer rights83
dark patterns are prohibited84. The Guidelines provide
industry and consumers in the Annexure 85,86.
For example, “False Urgency” refers to falsely stating
or implying the sense of urgency or scarcity so as to
mislead a user into making an immediate purchase
or take an immediate action, which may lead to a
purchase. This false sense of urgency can be created by
showing the false popularity of a product or a service
or stating that quantities are limited in stock. Another
Consumer protection Trap” which refers to (i) process of making cancellation
of a paid subscription process impossible or complex
and lengthy process, or (ii) hiding the cancellation
option for a subscription, or (iii) forcing a user to
provide payment details and/or authorization for auto
debits for availing a free subscription, or (iv) making
the instructions related to cancellation of subscription
ambiguous, latent, confusing, cumbersome. There
basket sneaking, interface interference, drip pricing,
are only for guidance purposes and do not constitute an
interpretation of law, binding opinion, or decision.
to a misleading advertisement, unfair trade practice or
violation of consumer rights87. Therefore, penalties will
be applicable only if a dark pattern is found to qualify
as misleading advertisement, unfair trade practice or
violation of consumer rights.
The Guidelines will be applicable to all online platforms
and websites, including OTT platforms. Some of the
likely to affect subscription models of such platforms.
II. Guidelines for health inuencers
The Ministry of Consumer Affairs has issued
wellness88
they are an extension to the Guidelines for Prevention
of Misleading Advertisements and Endorsements for
Guidelines aim to prevent misleading advertisements,
unsubstantiated claims and ensure transparency in
health and wellness endorsements by celebrities,
78
Patterns%202023.pdf (last accessed on February 20, 2024).
79Guideline 3 of the Guidelines.
80Guideline 2(e) of the Guidelines.
81
service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys
an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately
conceals important information.”
82
of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices” and lists out an exhaustive list of practices which are
considered as unfair trade practices (available at: https://www.indiacode.nic.in/bitstream/123456789/15256/1/a2019-35.pdf) (last accessed on February 20, 2024).
83Section 2(9) of the Act refers to “consumer rights” which includes “(i) the right to be protected against the marketing of goods, products or services which are hazardous
to life and property; (ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to
protect the consumer against unfair trade practices; (iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora; (v) the right to seek redressal against unfair trade
practice or restrictive trade practices or unscrupulous exploitation of consumers; and (vi) the right to consumer awareness.”
84Guideline 4 of the Guidelines.
85Guideline 5 of the Guidelines.
86Guideline 2(i) of the Guidelines.
87Guideline 2(e) of the Guidelines.
88