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11 IJCLP 123 (2023)
Dark Patterns in a Bright World: An Analysis of the Indian Consumer Legal Architecture

handle is hein.journals/ijclpc11 and id is 131 raw text is: 




        Sandeep  Sharma  J*  & Dr. Ishita Sharma**

   Abstract 'Dark patterns' are consumer targeted marketing
   strategies that capitalize on cognitive biases of consumers, pro-
   pelling them to make decisions contrary to their intended prefer-
   ences. The term  dark patterns, coined by user  designer Harry
   Bignull, has gained traction recently, due to its correlation with
   psychological responses that are produced  through nudges  that
   are unaligned to the consumers' original preference. The consumer
   responses elicited through the use of such dubious nudges have a
   direct correlation with the way the human brain functions. These
   covert strategies employed by digital marketing platforms capital-
   ize through behavioral science, aimed at their economic growth
   compromising  the consumers'  free, fair and independent  deci-
   sion-making capacity. The use of these algorithmic strategies to
   drive businesses has multiple legal tangents with a direct bearing
   on competition, contract, privacy and consumer law. The authors
   in the first section of the paper examine the various forms of dark
   patterns with the aid of graphical representations, that augment the
   argument  that dark patterns are manipulative tools employed to
   economically disempower consumers'. In the second section of the
   article, the authors highlight the erosion of decisional privacy of
   the consumers, a phenomenon  that overtly seems to be an exercise
   of free will but is a tacit capitalization of cognitive biases of con-
   sumers spurring them to in advertently take actions against their
   prefer red interest. In the third section of the article, the authors
   analyze the existing Indian regulatory architecture and propose
   relevant provisions that can be used to address these algorithmi-
   cally induced marketing strategies. In the final section of the paper,
   the authors propose the changes that can be brought in the Indian
   regulatory architecture, specifically under the Consumer Protection
Hon'ble Mr Sandeep Sharma Judge, High Court of Himachal Pradesh.
Ishita Sharma Dr Assistant Professor (Rajiv Gandhi National University of Law Punjab).

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