The Advertising Standards Council of India (ASCI) came down sternly on what are called ‘dark patterns’ in advertising and such practices, releasing guidelines to check ‘dark patterns’ such as non-declaration of the final price upfront or creating a sense of false urgency to woo consumers. In this article, you can read more about the guidelines and what the law says when it comes to consumer protection. This topic is important for the IAS exam polity as well as economy segments.
ASCI Guidelines on Dark Patterns in Advertising
The guidelines state that “quoted prices” in advertisements and e-commerce sites must include non-optional taxes, duties, fees and charges that apply to all buyers.
- It added that incomplete price representations upfront would be considered misleading.
- For instance, a consumer orders a snack from an online food delivery platform which shows the price as ₹100, but the final amount payable comes to ₹175 due to additional tax, delivery fee, and other such charges. This is referred to as “drip pricing” when the total price is usually revealed at the very end of the buying process.
- Additionally, implying that quantities of a product or service are “more limited than they are” to create a false sense of urgency will be considered misleading.
Background:
- When an ad or an element in an ad directly or indirectly implies one outcome of the consumer’s action but instead serves up another, it is misleading. For instance, a consumer selects a product offered at a certain price but is thereafter only able to access the same product at a higher price.
- Deceptive online patterns are a violation of the Consumer Protection Act.
Disclosures Needed
- On the issue of disguised ads, the guidelines state that if an ad is being displayed in a similar format as editorial or organic content, it must carry a disclosure. For instance, when influencer posts, paid reviews, and ads are placed in a manner to appear like editorial content.
Conclusion:
These guidelines will require businesses to create communication and systems that respect user autonomy, improve transparency, and encourage well-informed choices.
ASCI Guidelines on Dark Patterns in Advertising:- Download PDF Here
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