### Secure and Fair: Regulation of Unfair Online Trade Practices in India
#### Introduction
The issue of insidious e-commerce practices, also known as "dark patterns," has gained considerable attention in recent times. India is no exception, with the government initiating consultations to draft guidelines that aim to prevent and regulate these practices. This move is not only timely but also crucial for safeguarding consumer interests and ensuring a more transparent e-commerce landscape.
#### Historical Context
The term "dark patterns" was coined by Harry Brignull, a British user experience researcher, in 2010. During that time, search engines like Google and social media platforms like Facebook were primarily viewed as benign. However, these platforms gradually started employing methods that manipulated users into making choices that weren't necessarily in their best interest.
*Example:* A classic example is the automatic check-mark for adding travel insurance when booking flight tickets online, which if unnoticed, leads to additional and unnecessary expenditure for the consumer.
#### International Efforts
Before India took its steps, other nations and international bodies also acted against dark patterns. The European Data Protection Board issued guidelines on identifying and avoiding dark patterns on social media. Similarly, the United States’ Federal Trade Commission warned against the rise in sophisticated dark patterns aimed at deceiving consumers.
*Example:* The U.S. Federal Trade Commission's warning serves as an eye-opener for countries to recognize the escalating problem and take corrective measures.
#### Current Situation in India
India's guidelines to tackle dark patterns aim at identifying and preventing practices like false urgency, basket sneaking, confirm shaming, forced action, and subscription traps. According to a 2021 report by the Advertising Standards Council of India, over 50% of e-commerce sites employed dark patterns.
*Example:* Many e-commerce platforms require users to enter email or phone numbers to access the site. This information is then used for sending promotional messages, which are often difficult to block.
#### Importance of Consumer Focus
Earlier, India's regulations centered mainly on preventing tax leakages and protecting traditional brick-and-mortar stores. However, the new guidelines have a broader outlook and focus on safeguarding consumer privacy and data on e-commerce and social media platforms.
*Example:* The new guidelines could significantly bolster consumer confidence, ensuring a safe, secure, free, and fair digital environment for users.
#### Conclusion
India's efforts in regulating dark patterns in the e-commerce sector are a welcome and overdue step. By incorporating the concerns of stakeholders and focusing on consumer protection, India is paving the way for a more ethical and transparent digital trade landscape.
