Defence against the Dark Patterns
Hey June, don't make it bad. Take a sad inbox and make it better.
Source: Created by Vidushi (Note: Due regard was given to the number of na-na-na-nas)
We know — the heat's unbearable (unless you're chilling in the hills), your to-do list is a bit too ambitious, and childhood Rasna days feel like a dream. But since adulting won't let us retreat to summer vacations, we propose the next best thing: cold drinks and hot tech takes.
We've been running on pure event adrenaline this month — and now, we're serving updates hotter than Delhi in June (minus the sunburn). So, grab a chilled something and dive right in.
Deep-Dive
The Dark Pattern Rises
India's consumer protection watchdog has set its eye on dark patterns — deceptive design practices manipulating consumers into purchases or actions, which they may not have otherwise taken (like that one time the 'premium membership' got added to your cart "accidently"). Let's take a trip down the regulatory lane surrounding dark patterns — from the initial policy push to the government's recent steps to ramp up enforcement.
Rewind to 2023
In November 2023, the Department of Consumer Affairs (DoCA) published the Guidelines for Prevention and Regulation of Dark Patterns — which listed 13 practices as dark patterns. Wondering what made it to the naughty list? Here you go:
- False urgency: "Only 2 rooms left!" (Of course there are more, but panic sells!)
- Basket sneaking: Congrats, you've bought insurance along with your bus ticket. You didn't want it? Too bad.
- Confirm shaming: "No thanks, I like being unsafe and poor."
- Forced action: Want your purchase? Hand over your privacy, contacts, and soul.
- Subscription trap: Cancelling requires three emails, a riddle, and a blood oath.
- Interface interference: The greyed-out "No" button wasn't a design flaw — it was the plan all along.
- Bait and switch: Clicked on the INR 499 deal? Surprise — it's INR 1,299 now.
- Drip pricing: "Base fare" is code for "brace for hidden fees."
- Disguised ads: Not news, just a well-dressed plug.
- Nagging: "Enable notifications?" No. "Are you sure?" Still no. "One last time?" STOP!
- Trick questions: "Do you not not want to opt-out of maybe receiving nothing?"
- SaaS billing: Free trial → silent charge → financial betrayal.
- Rogue malware: Plot Twist: The popup yelling "Your device is infected!" is the virus.
Guidelines, meet ground reality
More than 2 years after the guidelines were released, on May 28, 2025, conducted a high-level stakeholder meeting to address consumer concerns regarding dark patterns. The power-packed meeting saw the who's who of the internet economy — Amazon, Google, Meta, Zomato, Swiggy, Flipkart, Paytm, Uber, Apple. Not to toot-our-own horn (okay, maybe a little), Ikigai Law was there too. The high-level meeting concluded with a strong call to action to comply with the guidelines and the government reaffirmed its commitment to supporting businesses in implementing the guidelines.
Advisory mode: On!
Soon after, in June first week, the consumer protection watchdog, Central Consumer Protection Authority (CCPA) turned up the heat on platforms (pun intended) — issuing an advisory to over 50 online platforms — directing them to eliminate dark patterns and complete self-audits within three months. Interestingly, the advisory didn't just target the usual suspects like Amazon and Flipkart. It extended to travel aggregators, food-tech platforms, ride-hailing apps, medtech start-ups, streaming giants, and fintech firms — making it clear that the scrutiny is on all sectors.
Enter: JWG
On the same day, the DoCA in an official memorandum established a 19-member joint working group (JWG) to identify and eliminate dark patterns in e-commerce. Chaired by DoCA's Additional Secretary Bharat Harbanslal Khera, this committee includes Secretaries from different ministries, CCPA officials, law professors, and consumer advocates.
The bat signal seems to be in the sky — and it's not for Gotham this time. It seems like dark patterns have found their place on the policy radar, and the government is stepping into its Dark Knight era — ready to protect consumers from shadowy UX tricks.
Connecting the Dots
DCB = Delayed Competition Bill?: Remember the draft Digital Competition Bill (DCB) — the draft law that dropped in March 2024, aimed to rein in large digital platforms and level the online playing field? After two rounds of stakeholder consultations (with the Ministry of Corporate Affairs and the IT Ministry tag-teaming the effort), the Minister of State for Corporate Affairs, Mr. Harsh Malhotra reportedly said that the government was not in a hurry to bring the digital competition law, and will follow due process. Recent reports now suggest that the draft law may only be taken up next financial year — as MCA is likely to have its hands full with amending the Insolvency and Bankruptcy Code and Companies Act and expansion of PM Internship Scheme (PMIS).
Data, borders and a bit of drama
One of the most debated provisions in the data protection draft rules — released earlier this year — is data localisation. Industry bodies representing global tech giants like Amazon, Apple, Google, Meta, and Microsoft have pushed back on this provision, warning that broad localisation mandates could conflict with the law's original aim of enabling cross-border data flows. Their recommendations are clear: introduce defined timelines, transparent processes, and adequate safeguards; ensure consistency with the DPDP Act framework; and adopt a consultative approach to rulemaking. As the government finalises the rules, it's a wait and watch moment on the fine balance between data sovereignty and free flow of data for cross border trade.
From the courtrooms to your inbox
- Policing content?: The Software Freedom Law Centre (SFLC) had filed a petition, challenging the Delhi Police's designation as a "Nodal Agency" for issuing online content takedown noticesunder Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.The Delhi High Court has issued notice to the Lieutenant Governor of Delhi and the IT Ministry. SFLC's main argument? The notification is unconstitutional and beyond the scope of the law — since takedown powers lie with the Central Government under Section 69A, not the local police. The worry: unchecked powers could lead to arbitrary censorship with zero oversight. Next hearing: September 2025. (Flashback: This echoes X's challenge before the Karnataka High Court — which also argued says that the government has created an unlawful parallel blocking regime under Section 79.)
- Auto-blocking ftw: Andhra Pradesh High Court hasurged the state government to consider directing social media platforms to implement an auto-block mechanism for expletives, militant language, and abusive content, while dealing with a criminal matter against YSR Congress Party's social media head (FIR had been filed against him for allegedly orchestrating derogatory posts against political rivals). The court noted that while profanity boosts engagement for platforms, it undermines the constitutional right to a dignified life. Drawing a parallel with the ruling in Sabu Mathew George v. Union of India (where intermediaries were directed to auto-block illegal ads on prenatal sex testing), the court directed the state government to identify a list of prohibited terms and issue instructions restricting such content online.
- A curfew to play online games?:In a landmark ruling, the Madras High Court upheld Tamil Nadu's power to regulate online real money games like rummy and poker—affirming a ban on gameplay between 12 AM and 5 AM, and mandating Aadhaar-based KYC. It ruled that such restrictions were constitutionally valid and justified for public health concerns—including addiction, financial harm, and even suicides. The court dismissed writ petitions by top gaming companies against these restrictions (provisions of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 and the associated 2025 Rules). The judges cited expert reports and invoked the State's parens patriae duty to protect citizens, holding that privacy and business rights must give way to life and dignity under Article 21. Expect this judgment to shape how Indian states regulate online gaming going forward and change the way some real money games operate. Online gaming companies are also battling it out in the Supreme Court over the correct applicability of GST. You can read more about it here.
- Deeply fakes: Courts have been busy when it comes to tackling AI-generated impersonation of celebrities and other public figures. On May 30, 2025the Delhi High Court ordered platforms to take down AI-generated deepfake videos of spiritual leader Sadhguru, calling it a violation of his personality rights. A similar order was passed in a case involving fake accounts impersonating popular financial content creator, Ankur Warikoo. In both instances, the Court directed platforms not just to remove the content, but also to disclose details like names, IPs, and account information linked to the offending users. Earlier this year, similar orders were issued to curb deepfakes of renowned doctor Naresh Trehan. Who do you think is next in line? The viral emotional support kangaroo who was denied airline boarding?
Source: Created by Vidushi
Reading Reccos
- Casey Newton in thePlatformer writes about Apple's cautious AI rollout during the recent Worldwide Developers Conference, while the rest of the tech companies are racing ahead in AI.
- Rest of Worldhas a thoughtful and analytical piece about the impact of the U.S.-China AI rivalry and highlights its far-reaching implications for global safety, governance, and equity in AI.
Shoutouts!
- UNESCO consultation — The Last Act: On June 3, 2025, in New Delhi, UNESCO—alongside the IndiaAI Mission and Ikigai Law as implementing partner—convened over 200 stakeholders for the largest and most dynamic consultation yet on the AI Readiness Assessment Methodology (RAM)- a tool to assess India's AI readiness across critical dimensions. This flagship event marked the culmination of a five-city series across Bangalore, Hyderabad, Guwahati, and Delhi, and brought together voices from government, industry, academia, and civil society. Lively breakout sessions sparked in-depth conversations on AI governance, infrastructure, workforce preparedness, sector-specific AI adoption, and a dedicated track on amplifying youth participation in shaping India's AI future. The inputs from these stakeholder consultations will feed into India's RAM report – a nationwide report assessing India's preparedness for AI and recommending policy measures to implement AI ethically.
- Responsible AI meets real-world chaos: In partnership with GIZ, DSCI, and NASSCOM, we recently hosted a high-octane workshop on how to actually implement responsible AI under India's data protection law. This wasn't a theoretical exercise; it involved dealing with real data and real tradeoffs.This workshop is part of a broader project to develop a practical handbook for AI developers in India. As part of this initiative, we've engaged deeply with stakeholders across the ecosystem including large tech companies, startups, academia and think tanks — to unpack how India's DPDP Act should apply to AI development and deployment in the real world.
See you next month!
Signing off, the Ticker team for this edition
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