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ASCI releases guidelines to counter dark patterns in online advertising

The Advertising Standards Council of India (ASCI) has released guidelines on ‘Online Deceptive Design Patterns in Advertising’ to counter dark patterns in the e-commerce industry. The aim is to promote transparency, trust, and ethical standards in the digital landscape, according to ASCI.

Dark patterns refer to deceptive practices used in marketing strategies on digital platforms, impairing consumers’ ability to make informed decisions. The new guidelines address issues such as ‘drip pricing’ and quoted prices in advertisements on e-commerce platforms.

Drip pricing is the practice of not revealing the real prices upfront and disclosing the total price only at the end of the buying process. The guidelines state that upfront price representations should include non-optional taxes, duties, fees, and charges to prevent drip pricing, as incomplete price disclosures are considered misleading.

The guidelines also prohibit misleading practices where an advertisement implies one outcome but serves an alternative outcome. For example, offering a product at a certain price but making it available only at a higher price or presenting an attractive product and later revealing it as out of stock while offering an alternative.

Advertisements that resemble editorial or organic content, such as influencer posts or paid reviews, will be required to disclose that they are ads.

The government, along with ASCI, recently held a meeting with major e-commerce platforms to crack down on dark patterns. The Department of Consumer Affairs (DoCA) is considering setting up a task force in collaboration with ASCI to address the issue.

By implementing these guidelines, ASCI aims to foster an ethical and trustworthy advertising ecosystem, ensuring user autonomy, transparency, and well-informed choices.

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