Dark Patterns And Deep Manipulation: Regulating Psychological Exploitation In Indian Digital Markets

The deceptive or manipulative user-interface designs that trick or coerce users into the actions that are against their best interest are “Dark Patterns.” These create exploiting cognitive biases such as scarcity, fear of missing out or guilt laden language, this negatively affects user autonomy and leads people into unnecessary data sharing. The psychological exploitation which is done by false urgency not only breaches the ethical norms of consent but constitutes unfair trade practice. In this blog the Indian legal regime has been studied how they confront the dark patterns with the international assessment of evolving war against online manipulation.

Understanding Dark Patterns and Psychological Exploitation

Dark patterns are manipulative interface designs that steer users into actions they might not otherwise take—often by exploiting cognitive biases such as urgency, guilt, or fear of missing out. They appear in varied forms: websites showing false scarcity (“Only 2 left!”), subscription traps that hide cancellation options, or disguised advertisements presented as genuine content.

Other techniques include confirm-shaming (“I'll stay unsecured” prompts), hidden costs revealed only at checkout, or interface interference—where the “No” option is intentionally obscured through color or placement. Even repetitive pop-ups that pressure users into compliance fall within this category.

Collectively, these deceptive designs undermine the principles of informed consent and fair choice by manipulating user psychology. They blur the line between persuasion and coercion, turning everyday digital interactions into subtle forms of exploitation.

These tactics lead users to take those decisions which they might not choose, and, in this way, they breach rules of fair and informed consent by exploiting human psychology.

Indian Legal and Regulatory Framework

India has begun explicitly confronting dark patterns through consumer protection, data privacy laws, advisory guidelines, and self-regulatory codes.

a). Consumer Protection Act, 2019: As per Section 2(47) , any design that manipulates user choice or conceal material information comes under unfair trade practice. Also, the draft Guidelines for Prevention and Regulation of Dark Patterns, 2023 issued by CCPA ban all dark patterns on platforms offering good or services in India. It defines dark pattern as UI/UX practices that “impair consumer autonomy, decision making or choice.” Annexure I of the guidelines explicitly lists prohibited techniques (False Urgency, Basket Sneaking, Confirm Shaming, Forced Action, Subscription Trap, Interface Interference, Bait-and-Switch, Drip Pricing, Disguised Ads, Nagging, etc.) and provides examples. The violation of these guidelines can lead to penalties up to ten lacs and higher for repeat offences.

b). Consumer Protection (E-Commerce) Rules, 2020: These rules require e-commerce entities to obtain explicit, affirmative consent for subscriptions and digital contracts – precluding automatically pre-ticked boxes or opt-out schemes. By obliging affirmative (unambiguous) consent, they indirectly prohibit many dark-pattern subscription traps. Similarly, the Direct Selling Rules, 2021 hold platforms accountable for deceptive trade practices in promotions. Under these frameworks, adding hidden cart items or denying simple exits can be challenged as violations of “free informed consent” norms.

c). Advertising Self-Regulation: In June 2023, Advertising Standards Council of India (ASCI) released Guidelines for Online Deceptive Design Patterns in Advertising. It prohibits drip pricing and bait and switch ads along with this require any ad resembling content be clearly marked as advertisement.

d). Data Privacy and Consent – DPDP Act, 2023: The DPDP Act limits collection to what is necessary for declared purpose and requires data fiduciaries to retain auditable records of consent. Legal analysts note that while the Dark Patterns Guidelines target interface design, the DPDP Act complements them by strengthening the principle of genuine choice. Thus, if a platform tricks users into “consenting” via a hidden checkbox, it not only breaks consumer law but breaches the DPDP Act's consent rules.

International Comparisons and Actions

India's efforts echo global trends. Other jurisdictions have moved to explicitly curb dark patterns:

a). European Union (Digital Services Act, 2023): The EU's Digital Services Act (DSA) prohibits interfaces that “manipulate or otherwise interfere with” users' ability to make “free or informed decisions” (Article 25). The EU also has parallel data rules: the GDPR's consent principles (and specific EDPB guidelines on deceptive design) similarly view dark patterns as likely violations. In practice, EU regulators have scrutinized hundreds of online stores and found ~40% using deceptive interfaces.

b). United States (FTC Enforcement): In U.S., a high-profile FTC enforcement charged Amazon with using “manipulative, coercive, or deceptive user-interface designs” to auto-enroll consumers in Prime and make cancellation onerous. The FTC defines dark patterns broadly as design practices that trick users into decisions they would not otherwise make.

c). United Kingdom (CMA & ICO): In 2023 UK's Competition and Markets Authority (CMA) and Information Commissioner's Office (ICO) urged businesses to stop “harmful website designs” that stores excessive data sharing. The example of opaque cookie banner and defaults opt-ins were cited that leads users into consenting. In such manner UK emphasized privacy and competition law overlap: manipulative designs can both breach data protection (failing free consent) and distort markets (favoring big players with hidden defaults).

Recent Indian Initiatives and Stakeholder Engagement

On May 28, 2025, the Consumer Affairs Minister conducted a high-level meeting with major e-commerce and tech platforms (Amazon, Flipkart, 1mg, Meta, etc.) to tackle dark-pattern concerns. This follows DoCA's assertion that dark-pattern UI “erode consumer trust, distort fair market dynamics, and pose a serious threat to the integrity of digital commerce.” Also, the “Dark Patterns Buster Hackathon” – in collaboration with IIT-BHU – invited technologists to create tools (apps, browser extensions, AI detectors) to identify dark patterns. Three such consumer-protection apps emerged (launched on National Consumers Day 2024). Consumer awareness campaigns, ongoing monitoring of e-commerce sites, and dialogues with think-tanks and law schools further reflect a multi-pronged strategy.

Legal and Ethical Dimensions

These patterns which irritate us raise fundamental and legal issues. They undermine the consumer and privacy law. These UI tricks “coerce or obtain uninformed consent,” thereby subverting data principals. Ethically, this contravenes respect for autonomy – consumers are not given a genuine opportunity to weigh costs, risks, or alternatives. As the EU's data board notes, privacy “take-it-or-leave-it” checkboxes and deceptive interfaces violate the spirit of consent and transparency.

Economically, dark patterns distort markets. They incentivize bad actors who prioritize revenue over fairness, punishing honest businesses that avoid tricks. Regulators note that manipulative design can give one platform undue competitive advantage (e.g., by harvesting extra user data). Over time, pervasive dark designs could erode consumer confidence in digital markets.

Legally, the quandary often lies in proof and intent. Some guidelines (India's and elsewhere) emphasize intent: dark patterns are forbidden when designed to mislead or impair user choice. Courts and authorities may look for evidence of deliberate interface tricks. The richness of India's guidelines and global precedents means platforms can no longer plead ignorance.

Dark patterns – the hidden hand of psychological manipulation in digital commerce – have come under clear legal scrutiny. India's response is now multi-layered: its Consumer Protection Act framework (via new CCPA guidelines and advisories) directly bans deceptive UI designs; its E-Commerce and advertising rules impose transparent consent and pricing standards; and its Data Protection law embeds stringent consent requirements that dark patterns would violate. Internationally, too, regulators are converging on the need to safeguard autonomy in online interfaces. India's government is engaging platforms and tech talent to preempt these harms

Pratiksh Sharma is law student, Faculty of Law, University of Delhi. Views Are Personal.

References

1. Rohi Ray, Dark Patterns and India's Legal Battle for Ethical E-Commerce, 29 RICH. J.L. & TECH. (Oct. 4, 2023), https://jolt.richmond.edu/2023/10/04/dark-patterns-and-indias-legal-battle-for-ethical-e-commerce/.

2. National Law School of India University, Dark Patterns: An Emerging Concern in Digital Consumer Protection (2021), https://www.nls.ac.in/wp-content/uploads/2021/04/Dark-Patterns.pdf.