79% of apps analysed show privacy deception: ASCI-Parallel HQ report
A joint study by the Advertising Standards Council of India (ASCI) and design firm Parallel HQ found that 52 out of the 53 apps analysed were using deceptive patterns. Healthtech, travel and fintech were the biggest violators. Many of the major players in India’s e-commerce industry were found to be indulging in deceptive practices with their consumers, according to the study. "Dark patterns" are surreptitious ways in which apps trick users into doing something they originally did not intend or want to do were most prevalent in apps related to health tech, followed by travel and fintech while the least deceptive ones were streaming and gaming platforms. It concluded that 52 out of the 53 analysed apps employ deceptive design practices that hinder users from making informed decisions. All the apps included in the study collectively have been downloaded over 21 billion times, pointing to the potential of their consumer impact. After making the report public, a panel of experts discussed the ways that the stakeholders including programmers and designers, industry, government and consumers can help prevent these dark patterns. The panellists included Rohit Kumar Singh, former Secretary of the Department of Consumer Affairs, Ashish Agarwal, VP and Head of Public Policy at Nasscom and Robin Dhanwani, Founder of Parallel. Manisha Kapoor, CEO and Secretary General of ASCI was the moderator. Dahanwani said he was surprised to see the deceptive practices used by some of the most popular apps in the country. He believes that if the designers are educated about these practices, they can be curbed at the source as they can then refuse to incorporate them while making the apps. This is the idea that made them incorporate an ethical score calculator that developers can use to assess the deceptive patterns used in their apps. “Our research uncovers the subtle yet widespread presence of deceptive patterns in Indian apps, highlighting the need for a shift towards more transparent design practices. By championing ethical design, we not only build user trust but also drive innovation that honours consumer autonomy,” he said. Agarwal felt that the change in this direction could come about through a top-down approach. “While we may not have specific laws related to deceptive patterns identified in this study, the law does not allow misleading the consumers either. Indian lawmakers have also started giving due attention to data privacy with user consent now legally mandated for data sharing. The guidelines in this report can further the industry to self-regulate in this regard,” he said. Singh shared that in the last decade, the amount of complaints received by the National Consumer Helpline regarding the deceptive practices used by e-commerce platforms has risen from 8% of the total complaints to 15%. “Users also need to be more aware of and attentive to such practices. This is one area where diagnosis is more important than treatment. If more people are educated about the dark patterns, it would be easier to fight them,” he said. The report identifies 12 distinct deceptive patterns, including privacy deception, interface interference, drip pricing, and false urgency, which are popularly used in online interfaces. Privacy deception emerged as the most prevalent deceptive pattern, observed in 79% of the apps analysed, followed by interface interference (45%), drip pricing (43%), and false urgency (32%). In June 2023, ASCI released guidelines on deceptive patterns that are mainly used in advertising. Further, the Department of Consumer Affairs (DoCA) released its guidelines for 13 deceptive patterns in November 2023. According to the guidelines, the use of any of these prescribed dark patterns amounts to a misleading advertisement, an unfair trade practice, or a violation of consumer rights. “We urge organisations to follow conscious design principles that protect the consumer’s right to make an informed choice. The gallery of inspiration and the score calculator are important resources for organizations that wish to get it right. We are extremely grateful to Parallel for being our knowledge partner and to Nasscom for supporting us in the wide dissemination of these findings and resources,” said Kapoor.
The most common deception patterns employed by the apps were privacy deception (24%), drip pricing (19%), interface interference (18%), and false urgency (17%). Other common deceptive practices were making it difficult to delete the app (e-commerce), creating false urgency (healthtech) and basket sneaking (delivery and logistics).
Tags : Rohit Kumar Singh Ashish Agarwal Robin Dhanwani Manisha Kapoor Asci Dark Patterns Deceptive Patterns