The Twilight Zone Of Digital Marketing: Dark Advertisement And Data Protection Laws In India And Across The Globe

Saumya Rajpal, Himachal Pradesh National Law University

Himanshi Das, Himachal Pradesh National Law University

ABSTRACT

Dark patterns are deceptive or manipulative design elements and techniques used in user interfaces to manipulate users into taking actions they might not intend to. These patterns are often employed to benefit the business or website at the expense of the user's experience or understanding. Dark patterns are generally considered unethical because they exploit user psychology and trust unlike ethical design, on the other hand which only prioritizes transparency, user empowerment, and a positive user experience. In an attempt to regulate the use of dark patterns in digital advertising, the Indian Government introduced various guidelines and legislations, however, their success and future implications still needs to be assessed. Furthermore, numerous nations worldwide have displayed a heightened vigilance towards these practices and have instituted diverse regulatory frameworks and guidelines with the intent of mitigating such behaviors. This article seeks to analyze whether the implementation of such guidelines suffice to protect the larger interest of the consumers from any unfair practice pertaining to data protection and a comparative analysis of legislation across various jurisdictions.

Keywords: Dark Advertisement, Dark Patterns, Data Protection, digital platforms, unfair trade practices, manipulative practices, consumer protection.