Mumbai: The Advertising Standards Council of India (Asci), the self-regulatory body of the Indian advertising industry has put together a document on ‘Dark Patterns’ which seems to be the new threat to consumer protection – and is looking at inviting feedback from the industry and organisational bodies. Established in 1985, Asci’s primary responsibility is to resolve issues around dishonest or misleading ads, indecent or offensive ads, harmful ads and ads that are unfair in competition.
As the report which was released towards the end of last year in November, states, “A dark pattern is a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interest – such as buying a more expensive product, paying more than what was initially disclosed, sharing data or making choices based on false or paid-for reviews, and so on. E-commerce companies spend millions of dollars designing user interfaces and navigation paths that eventually lead to more business. Every day, technology offers new ways of engaging with consumers. However, when these are done in a way that steers the consumer to choices that are prejudicial to their interest, a line is crossed.”
The term ‘Dark Patterns’ was coined in 2010 by user experience designer Harry Brignull to describe such practices.
The report says, further, that as more commerce has moved online, dark patterns have grown in scale and sophistication, allowing companies to develop complex analytical techniques, collect more personal data, and experiment with dark patterns to exploit the most effective ones.
From the Indian perspective, it brings out that the Indian consumer is not immune to dark patterns, and as online commerce grows, this is an increasing area of consumer vulnerability. A few steps have already been taken in this regard in recent months.
“Recently, the department of consumer affairs summoned cab and two-wheeler aggregators to come clean on their charges and algorithms, as consumer angst and frustration with these services rose to alarming levels. The department also formed a consultation group to address the issue of fake online reviews. Also, in 2021, Asci asked social media influencers to disclose promotions, in order to address the issue of disguised ads. As lines between content and ads blur, the ability of consumers to make an informed decision comes into question,” the report cites.
The report reveals that 29 per cent of ads processed by Asci in 2021-22 pertained to disguised ads by influencers, a kind of dark pattern. The most violative categories included crypto (24.16 per cent), personal care (23.2 per cent), fashion (16.3 per cent), e-commerce (8.4 per cent), F&B (eight per cent), services (3.4 per cent), mobile apps (2.8 per cent) and finance (2.6 per cent).
Although the term ‘Dark patterns’ has only recently made its way into common usage, Asci has been addressing such issues through its existing code on misleading ads such as drip pricing, bait and switch, false urgency, disguised advertising, privacy, confirm-shaming, checkbox treachery, nagging and sneak-in-basket.
The Asci code applies across media, including online advertising (including companies’ own websites, pages and handles).
The report mentions that UX expert Michael Craig has listed the suggestion for UX designers and brands as alternatives to dark patterns.
Indiantelevision.com spoke to a few veterans in the creative and digital space to determine where this debate of ‘Dark Patterns’ is heading.
The issue of dark patterns affecting advertising
Ogilvy and WPP group company 82.5 Communications India chief creative officer Anuraag Khandelwal is clear that for him, brands who practise this are plain stealing from their consumers.
“It’s intrusive. It’s violent. It’s just sick. In a world of information overload, fake news, trolling and what not, trust has become very vulnerable. And on top of it, when dark patterns take over the marketing or the salesperson’s role, that trust may soon go berserk. When a UI is designed with the intent of deceiving and tricking consumers into taking decisions that they may not take if they are fully aware, it’s criminal! I have been a victim of such dark patterns myself, and as an experience, it leaves me very angry and averse to brands that practise this,” he stated clearly.
Grapes Digital co-founder & CEO Shradha Agrawal strongly believes that online advertising is certainly one of the greatest marketing strategies.
“However, every tool comes with its highlights and challenges. Advertising on the internet does connect a brand with the entire world but sometimes it puts the user’s privacy in jeopardy. For brands, the click-through rates increase rapidly when they advertise online, while a customer may find it confusing and time taking. To that end, it is not a bad call to promote a brand online as long as it is ethically used and does not lead to any irksome mischief for the user,” she feels.
FoxyMoron national business director Naman Surana is of the view that dark patterns of advertising are synonymous with unethical marketing.
“Today, with advertising ever-growing on digital platforms, the issue of dark patterns can potentially metamorphose how brands are being projected to consumers. We live in a digital native era, where consumers are highly aware and vocal. And because India is a very price-centric and value-centric market, dishonest practices like dark patterns heavily impact a consumer’s digital experience. A dampened customer experience results in a loss of value, and trust in the brand. Eventually, the brand will be called out and will fail to sustain existing relationships with its consumers, as well as its stakeholders. Such practices also impact long-term customer acquisition. This applies to brands in every category, be it food, apparel, insurance, so on and so forth. Furthermore, due to a few dishonest brands engaging in dark patterns, consumers also become suspicious of good, honest brands,” he notes.
The effect on the reliability of ads and brands, too
Khandelwal of 82. Communications India points out, “One has to be constantly aware that they don’t ‘accidentally’ press anything that may lead to an unwanted outcome. And this sort of treading on eggshells around ads (that one doesn’t even know are ads) is violently intrusive to the entire user experience. It’s a sure-shot way for brands to lose their customers in an instant, a classic example of the adage that ‘trust is earned in drops and lost in buckets’. If left unhandled, dark patterns have the potential to wipe out the entire credibility and trust in advertising that marketers and creators have worked hard to build over decades.”
Surana of FoxyMoron explains further on the age-old saying that reliability takes years to build, and only seconds to break. “As advertisers and marketers, it is essential to ensure consumers are content through all stages of interacting with a brand and left with a seamless user experience. That experience builds trust and reliability and converts users into regular customers. While there are many factors that affect customer experience, a discrepancy in communication is an absolute deal-breaker,” he elucidates.
He adds further, “Clever marketing or brand communications influencing consumers towards a certain degree is acceptable. But dark patterns of advertising that use manipulative tactics and false promises to lure a customer break trust and reliability. If an ad markets a product for Rs 50 and at the checkout suddenly jumps to Rs 200 highlighting hidden costs like ‘packaging charges’ and taxes, it leads to post-purchase dissonance. This experience leaves the customer in a negative state of mind, post which they lose faith in the brand ultimately disowning the brand.”
Countering this issue, and if brands truly follow this while designing their ads
Khandelwal is positive, “It’s an urgent need and a great start. And over time it can get better. Word of mouth, in this socially connected world, is a huge currency. And smart brands are better off not investing in anything that cheats on their consumer. It is far more beneficial for companies to be transparent and upfront in their communication and avoid using shortcuts and tactics that deceive their customers. Transparency will keep the trust and credibility alive IF brands are in for the long haul.”
Surana goes on to say, “More than the countering measures, it is integrity that will make the difference. The effort should be from both ends, that is regulators and brands together. While regulators bring strict norms into practice, brands must also take collective responsibility, and practice transparency in advertising, marketing and communication. Honesty should not be compromised in order to accelerate sales.”
“Transparency with customers in terms of product offerings and pricing structures not only helps acquire customers but also builds relationships with customers that are fruitful from a long-term perspective. Meanwhile, all regulators must make it a standard for every brand to be transparent of all the hidden charges while advertising any and all products. Many brands try to violate norms and find loopholes in regulations. All brands across categories and industries must religiously abide by the norms and indulge in ethical advertising,” he wraps up.
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