Daily Editorial Analysis for 04th July 2023

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Dark patterns

Why in NEWS

URGING E-COMMERCE companies to refrain from indulging in any design or pattern in the online interface of their platforms that may deceive or manipulate consumer choice and fall in the category of dark patterns, the Centre has constituted a 17-member task force to prepare guidelines on protecting consumers against dark patterns.

What are Dark Patterns?

  • Dark patterns, also known as deceptive patterns, is a term used to describe ways or tricks implemented by websites or apps to make users do things that they didn’t intend to, or discourage behaviour that’s not beneficial for companies.
  • Example – Instagram allows user to deactivate their account using app but for deletion one has to visit the website.

Origin

A dark pattern is a term introduced by Harry Brignull, a London based UX designer in 2010.

How to Spot Dark Patterns

  • The most effective way to recognize dark patterns is to educate oneself about the tricks used by websites and apps to influence our decisions.
  • Following are some of the dark pattern designs used by e-commerce companies:

Government Steps in India and around the world

    • Engaging in such deceptive and manipulative conduct by using dark patterns in online interfaces unfairly exploits consumers’ interest and constitutes ‘unfair trade practices’ under the Consumer Protection Act, 2019.
    • US and UK have passed legislations to curb the dark pattern
      • UK have issued a set of guidelines under Data Protection Act, 2018 which prohibits companies from using “nudges” to draw underage users into options that have low privacy settings.
    • In India, National Consumer Helpline number 1915 can be dialled to give information on dark patterns, which can be used by Central Consumer Protection Authority to initiate action under Consumer Protection Act, 2019.
  1. CAG focuses on AI to uncover fake claims
    1. Use of AI in detecting duplicate, fake and ineligible beneficiaries of Digital Sakshatra Abhiyan (government’s digital literacy program)
    2. AI and ML to detect non-existent schools claiming scholarship benefits
    3. AI to find ineligible beneficiaries claiming scholarship benefits
    4. AI used for finding circular trading transaction in taxation in which fake invoices are used for getting input tax credit
    5. AI used for auditing Direct Transfer Schemes
    6. Auditing various schemes – Awas or PM Kisan

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