Policing The Invisible: Dark Patterns, Cyber Fraud And The Legal Challenges Of Deceptive UX Design In India And Beyond
- IJLLR Journal
- 3 days ago
- 1 min read
Pragati Bajpai, Research Scholar, Faculty of Law, University of Lucknow
Utkarsha Singh, Research Scholar, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
The rapid expansion of digital markets in India has concurrently exposed users to subtle and manipulative digital design strategies known as “dark patterns.” These patterns, often embedded within user interfaces, exploit cognitive biases to mislead, coerce, or deceive individuals into unintended actions, such as giving consent, sharing personal data, or spending money inadvertently. While jurisdictions such as the European Union and the United States have adopted robust regulatory stances, India currently lacks an explicit legal framework to comprehensively address this pervasive form of cyber manipulation.
This paper posits that dark patterns are not merely facilitators of cyber fraud; rather, in their deliberate subversion of user autonomy and informed consent, they constitute a unique and insidious form of deceptive UX Design that fundamentally blurs the lines with fraud itself. The analysis delves into the conceptual, ethical, and legal underpinnings of dark patterns, critically examining how existing Indian laws address, or fail to address, these practices. A comparative analysis of international regulatory responses provides valuable lessons for India.
Drawing upon real-world examples, interdisciplinary research, and legal scholarship, this paper asserts the urgent necessity for India to formally recognize dark patterns as a distinct category of cyber fraud and consumer harm. It concludes by proposing clear legislative and regulatory strategies to effectively combat this evolving threat to digital consumer welfare.
Keywords: Dark patterns, cognitive-biases, autonomy, deceptive, UX Design
