Mains – 1st Nov 23

Dark Patterns in Online Advertisements

Why in news?

• The Union Consumer Affairs Ministry is concerned about the increasing dark patterns of misleading advertisements that use tactics like false urgency, confirm-shaming, forced action, subscription traps, and nagging.

What are Dark Patterns?

• Harry Brignull introduced the phrase ‘dark pattern’ in 2010 to characterise deceptive strategies used to trick clients.
• A dark pattern refers to a design or user interface technique that is intentionally crafted to manipulate or deceive users into making certain choices or taking specific actions that may not be in their best interest. It is a deceptive practice employed to influence user behaviour in a way that benefits the company implementing it.
• These deceptive practices can include creating a false sense of urgency, making people feel bad for not doing something, forcing them to take certain actions, trapping them into subscriptions, or constantly bothering them.

What are the different types of Dark Patterns?

• Urgency: This tactic creates a sense of urgency or scarcity to pressure consumers into making a purchase or taking an action.
• Basket Sneaking: Websites or apps use dark patterns to add additional products or services to the shopping cart without user consent.
• Confirm Shaming: It involves guilt as a way to make consumers adhere. It criticizes or attack consumers for not conforming to a particular belief or viewpoint.
• Forced Action: This involves forcing consumers into taking an action they may not want to take, such as signing up for a service in order to access content.
• Nagging: It refers to persistent, repetitive and annoyingly constant criticism, complaints, requests for action.
• Subscription Traps: This tactic makes it easy for consumers to sign up for a service but difficult for them to cancel it, often by hiding the cancellation option or requiring multiple steps.
• Interface Interference: This tactic involves making it difficult for consumers to take certain actions, such as canceling a subscription or deleting an account.
• Bait and Switch: This involves advertising one product or service but delivering another, often of lower quality.
• Hidden Costs: This tactic involves hiding additional costs from consumers until they are already committed to making a purchase.
• Disguised Ads: Disguised ads are advertisements that are designed to look like other types of content, such as news articles or user-generated content.

How might users be negatively affected by dark patterns?

• Lack of Transparency: Dark patterns can obscure important information, making it difficult for users to fully understand the implications of their actions. This can lead to uninformed decision-making and potential financial or privacy risks.
• Impair user autonomy: It manipulates user behaviour, limiting their freedom of choice. Users may feel coerced or pressured into making decisions they wouldn’t have otherwise made, leading to buyer’s remorse or dissatisfaction.
• Concerns related to Privacy: Some dark patterns may manipulate users into sharing more personal data than they intended or agreeing to privacy settings that compromise their confidentiality. This can have implications for data security and expose users to potential privacy breaches.
• Erode trust in brands and advertising: Dark patterns often create frustrating and confusing experiences for users. They may feel deceived or manipulated, leading to a loss of trust in the platform or brand and a diminished overall user experience.

Are dark patterns illegal?

• The legality of dark patterns is a complex matter as distinguishing between manipulation and fraudulent intent can be challenging. As of now, there are no specific regulations in place in most nations against dark patterns.
• However, individuals who have experienced harm as a result of dark patterns may potentially seek compensation for damages. In 2022, Google and Facebook faced repercussions due to their cookie banners. These companies violated EU and French regulations by making it more difficult for users to reject cookies as compared to accepting them.

Regulatory measures in India:

• The Advertising Standards Council of India (ASCI), has been addressing issues of misleading ads through its existing code. The ASCI code applies across media, including online advertising (including companies’ own websites, pages and handles).

• Deceptive patterns that manipulate consumer choice and impede their right to be well informed constitute unfair practices that are prohibited under the Consumer Protection Act 2019.

What needs to be done?

• Prohibiting specific types of dark patterns.
• Industry self-regulation can play a pivotal role in addressing the issue. Online platforms can establish ethical design guidelines that discourage the use of dark patterns.
• Fostering consumer-friendly digital choice architecture and empowering regulators.
• Encouraging responsible design practices and conducting independent audits can help to identify and rectify dark pattern issues.
• Equipping users with tools and resources that allow them to make informed choices online. This could include browser extensions, apps or plugins that detect and block dark patterns or platforms providing clearer and more accessible settings and privacy options.
• In addition to promoting awareness about dark patterns among consumers, small and medium scale MSME merchants must also be made aware as they account for a huge portion of online sellers.
• Users should be encouraged to report instances of dark patterns they encounter and platforms should establish clear channels for users to provide feedback and report manipulative practices.

Conclusion:

The digital space has become an integral part of the consumer’s life, significantly influencing how they consume information, goods and services. Consumers must not be forced or directed towards unintended consequences without their express consent and consent by deceit is not an express consent. Consumers shall be aware what they are signing up and also should be able to get out of the same.’

The Cinematograph (Amendment) Bill 2023

Why in News?

• The Rajya Sabha passed the Cinematograph (Amendment) Bill 2023 that introduces stringent anti-piracy provisions, expanding the scope of the law from censorship to also cover copyright.

About the Cinematograph (Amendment) Bill 2023:

• The Bill (introduced by the Ministry of I&B) seeks to amend the Cinematograph Act 1952, which authorises the Central Board of Film Certification (CBFC) to require cuts in films and clear them for exhibition in cinemas and on television.
• The Board may also refuse the exhibition of a film.

Salient Provisions of the Cinematograph (Amendment) Bill 2023:

• Additional certificate categories: The Bill adds certain additional certificate categories based on age.
  • Under the Act, film may be certified for exhibition:
    • without restriction (‘U’),
    • without restriction, but subject to guidance of parents or guardians for children below 12 years of age (‘UA’),
    • only to adults (‘A’), or
    • only to members of any profession or class of persons (‘S’).
  • The Bill substitutes the UA category with the following three categories to also indicate age-appropriateness [in line with the Shyam Benegal committee (2017)]: UA 7+, UA 13+ or UA 16+.
• Separate certificate for television/other media: Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television, or any other media prescribed by the central government.
  • The Board may direct the applicant to carry appropriate deletions or modifications for the separate certificate.
• Unauthorised recording and exhibition to be punishable: The Bill prohibits carrying out or abetting – the unauthorised recording and unauthorised exhibition of films – in order to stop piracy.
  • Certain exemptions (use of copyrighted content without owner’s authorisation in case of reporting of current affairs, etc) under the Copyright Act 1957 will also apply to the above offences.
  • The above offences will be punishable with: imprisonment between 3 months and 3 years, and a fine between 3 lakh rupees and 5% of the audited gross production cost.
• Certificates to be always valid: Under the Act, the certificate issued by the Board is valid for 10 years.  The Bill provides that the certificates will be perpetually/always valid.
• Revisional powers of the central government:
  • The Act empowers the central government to examine and make orders in relation to films that have been certified or are pending certification.
  • The Board is required to dispose of matters in conformance to the order.
  • The Bill removes this power of the central government.

Significance of the Bill:

• The proposed amendments would make the certification process more effective, in tune with the present times.
• It will comprehensively curb the menace of film piracy, and thus help in faster growth of the film industry and boost job creation in the sector.

Concerns Regarding the Bill:

• Content on OTT platforms not covered: What if an uncensored film is put on OTT.
• The age-based categories are self-regulatory: It lays the responsibility on the society (parents and guardians) to decide whether the content is suitable for viewing for a certain age group.