India’s Evolving Framework for the Regulation of Dark Patterns

In this insightful article for Bar and Bench, “India’s Evolving Framework for the Regulation of Dark Patterns”, our team at Economic Laws Practice (ELP), Stella Joseph, Partner, Prakhil Mishra (He/Him) Mishra, Principal Associate, Sonalika Khatri, Advocate, traces India’s progressive steps in regulating dark patterns manipulative UI/UX tactics that influence user behavior online. Beginning with the Information Technology Act, 2000, and evolving through the Consumer Protection Act, 2019, and the E-Commerce Rules, 2020, the regulatory framework gained strength with the Digital Personal Data Protection Act, 2023.

A major milestone came with the 2023 Guidelines for Prevention and Regulation of Dark Patterns, which explicitly prohibit dark patterns and apply broadly to all digital platforms that systematically offer goods or services in India, including advertisers and sellers. The Central Consumer Protection Authority has taken robust enforcement measures, including advisory notices, compliance audits, and penalties for violations, while fostering industry collaboration and leveraging technology for real-time monitoring. Initiatives like the Jagriti Dashboard and safety rating systems further empower consumers and enhance oversight. Ongoing engagement with stakeholders and adaptive regulatory mechanisms position India as a global leader in digital consumer protection, aiming to balance innovation with ethical user experiences.