The “Soft Law” Problem In India’s Dark Patterns Regime: Binding Instruments Or Mere Persuasion?

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KM Priyanshi, Law College Dehradun, Uttaranchal University

Ashok Dobhal, Assistant Professor, Law College Dehradun, Uttaranchal University

ABSTRACT

India has confronted manipulative interface design through two instruments: the Guidelines for Prevention and Regulation of Dark Patterns, 2023, and the Central Consumer Protection Authority’s Advisory of 5 June 2025. Both target the same harm, yet neither states plainly whether it commands compliance or merely counsels it. This article maps that “soft law” ambiguity, weighs the competing readings of binding force and persuasion, and assesses what the resulting uncertainty does to corporate compliance behaviour. The article further explores the broader implications of this uncertainty for regulatory legitimacy, corporate accountability, and consumer trust within India’s rapidly expanding digital marketplace. It argues that when the legal status of regulatory instruments remains unclear, businesses may adopt inconsistent or merely symbolic compliance practices, thereby weakening the effectiveness of consumer protection mechanisms aimed at curbing deceptive online interface design.

Keywords: dark patterns; soft law; Central Consumer Protection Authority; Consumer Protection Act, 2019; e-commerce regulation; regulatory compliance.

48. THE “SOFT LAW” PROBLEM IN INDIA’S DARK PATTERNS REGIME- BINDING INSTRUMENTS OR MERE PE

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