ADVERTISEMENT
Responding to a query in the Lok Sabha on July 23, Minister of State for Consumer Affairs, Food and Public Distribution B.L. Verma said that the government has taken concrete steps to curb deceptive online practices by issuing the “Guidelines for Prevention and Regulation of Dark Patterns, 2023” and mandating e-commerce platforms to self-audit their systems.
The Minister informed the House that the Central Consumer Protection Authority (CCPA), using powers under Section 18 of the Consumer Protection Act, 2019, issued these guidelines on November 30, 2023. The guidelines identify and regulate 13 specific dark patterns commonly used in the e-commerce sector, including false urgency, basket sneaking, confirm shaming, subscription traps, bait and switch, drip pricing, and disguised advertisements, among others.
Read more: CCPA needs more teeth to tame dark patterns; industry demands tougher regulation and penalties
To promote compliance, Verma said the Department of Consumer Affairs convened a meeting on May 28, 2025, chaired by the Hon’ble Minister for Consumer Affairs. The meeting brought together key stakeholders including e-commerce companies, industry bodies, voluntary consumer organizations, and National Law Universities to deliberate on strategies to eliminate these unfair digital design practices.
Following this, the CCPA issued an advisory on June 5, 2025, directing all e-commerce platforms to conduct self-audits within three months.
"All e-commerce platforms have been advised through the said Advisory to take necessary steps to ensure that their platforms do not engage in such deceptive and unfair trade practice which are in the nature of Dark Patterns. Further, all platforms have been advised to conduct self-audits to identify dark patterns, within three months of the issue of the advisory and take necessary steps to ensure that their platforms are free from such dark patterns. Based on the self-audit reports, the e-commerce platforms should also give self-declarations that their platform is not indulging in any dark patterns in order to ensure fair digital ecosystem along with building trust between consumers and e-commerce platforms," the Minister said.
A Joint Working Group comprising representatives from various ministries, law institutions, and consumer organizations has also been constituted to work on identifying dark patterns and ensuring a transparent, ethical, and user-centric online environment.
Verma also noted that under the existing Consumer Protection (E-Commerce) Rules, 2020, responsibilities and liabilities of e-commerce entities—especially concerning product quality, delivery, and grievance redressal—are already clearly outlined. To further strengthen accountability, these rules are being reviewed.
As for penalties, the Minister reminded the House that under Section 21(2) of the Consumer Protection Act, 2019, the government can impose penalties up to Rs 10 lakh for false or misleading advertisements, with subsequent violations inviting penalties up to Rs 50 lakh.
Read more: Minister Pralhad Joshi leads efforts to eliminate deceptive dark patterns from e-commerce platforms
These efforts, Verma said, are aimed at fostering a fair digital marketplace while safeguarding consumer interests.