Have you ever noticed that, at the end of your checkout process, the checkbox for a 1 rupee donation is already ticked?
“Dark patterns in UX Design define instances where designers use their knowledge of human behavior and the desires of end users to implement deceptive functionality that is not in the user’s best interest and comes without their explicit consent”
The concept of dark patterns has gained significant traction in the last 5 years, prompting the Department of Consumer Affairs in India to release draft guidelines on the issue, which were finalized in November 2023. Additionally, these manipulative practices have led to sanctions against companies that rely on them. Recent actions include a USD 245 million judgment against Fortnite, a product from Epic Games, for their use of manipulative practices to encourage the purchase of content.
Furthermore, there have been multiple settlements by various US states against Google for their use of dark patterns to obtain location data. The D.C. lawsuit highlights how Google has a strong financial incentive to prevent consumers from opting out of location data tracking because the data provides better advertising capabilities.
When does a pattern become dark, and how intentional is it? Designers hold a distinctive role in the professional world in the sense that they often approach ethical considerations more organically, frequently raising ethical consciousness from within, resisting stakeholder pressure. Design is inherently a persuasive act, where the designer creates intentional change in the world, through behavioral and social shifts.
When we start talking about ethical design, several pertinent questions can be raised about current practices being used in the market. For example, if Netflix could say “Go to bed now,you can always binge watch tomorrow” and encourage its users to have a good night’s sleep instead of encouraging users to binge-watch all night, which will definitely have a bad effect on its users?
UX design isn’t just about persuasion, but a big part of it is also about being transparent with users about intent. Dark patterns in UX are strategies that have been twisted from their original/ethical purposes.
The term “Dark patterns” first emerged in 2010, and were initially described as “ethically dubious designs”. These patterns naturally raised key questions, such as: “What drives designers? Whose interests should designers prioritize? What are users being “tricked” into doing, and why? Are there times when users want to be persuaded? Can interactions unintentionally become a dark pattern as technology and user behaviors change?
Let’s approach this from a business standpoint. The problem faced by businesses lies in the differences between their goals and those of their users. A business typically wants users to spend more, while users usually want to optimize and minimize their expenses. How do designers strategize in finding a middle ground that satisfies both stakeholders?
Consider the example of gift cards or store credits in retail environments. Instead of spending real money directly, users purchase gift cards, which they then use for shopping. This disconnect between actual monetary value and the purchasing process can lead to impulse purchases or spending more than intended. This benefits the business and also satisfies the users in the short term.
Dark patterns undermine both these aspects by misleading users about what actions they can take and what to expect from the system. Dark patterns are complicit in undermining both action possibilities and communicative expectations based on salient interactions.
When interface interference occurs, users may be unable to fully understand or explore the other available actions, and essentially they will be navigating blindly, in the interest of the business. This issue was identified and its cause was coined “Dark Patterns”.
The effects include nagging and forced actions, thus emphasizing options that are preferred by the system’s owner, leading to involuntary interactions that restrict user autonomy. Conversely, in dark patterns, the strategy of sneaking completely hides potential actions, removing user choice and forcing them to respond to the system’s actions rather than follow their own goals. Paradoxically, some dark patterns may perform well in usability tests, yet they still achieve this by sacrificing user choice.
For example, when a user wants to purchase a product through EMI, the interest percentage is never displayed. Instead, only the monthly payable amount and the longest tenure periods are shown. This way, most users remain unaware even when the interest rate is in double digits (which is often the case). The business aims to retain the user for a longer period. Users don’t mind it as much when a huge impact is projected as “small efforts.”
For every design action, there is an intent, execution, and impact. Intent is always meant to fulfill business objectives and not meant to manipulate anyone. Through execution, designers have to draw the attention of their users, and hence in the process of trying to make an evident impact, which may seem as a manipulative effect.
A design decision that may have been made with good intentions for a specific audience, might eventually result in manipulative outcomes when exposed to a broader audience. Navigating the ethics of persuasive and value-sensitive design is challenging. Design involves balancing designer responsibility, organizational goals, and the push for profit, which often prioritizes business over considering societal values.
How do we assess the “dark” characteristics of a pattern or the designer employing it? What dimensions of design responsibility should designers consider? Which user groups are susceptible to dark patterns? Is the designer to blame if a pattern is misunderstood and harms users, especially after being made aware of the harm? There are 65 patterns across three hierarchical levels—5 high-level, 25 meso-level, and 35 low-level patterns.
We, as designers, aim to blend and unify these patterns while providing a clear and consistent structure, enabling other stakeholders to build upon and benefit from a shared understanding of dark patterns. We suggest that future research aims to find the source of dark patterns and create a guide for designers to identify dark patterns in their work. These patterns can cumulatively create a benchmark for designers to measure the extent to which they can ethically push boundaries for their user’s experience without putting the business at risk.
Beginning with the local Kirana shop, where instead of providing change, they offer a 1 rupee chocolate. Similarly, delivery guys often omit returning 1 rupee when orders total “₹99”. Such pricing strategies are not unintentional. It’s a psychological tactic to lure a buyer and still make more profits, because for a business, even that 1 extra rupee from every buyer can result in a huge profit. At the end of the day, designers are magical gardeners crafting an experienced garden. They must create delightful hybrid plants to create a vibrant landscape, all while ensuring the healthy lives of every plant. Our goal? To celebrate design by fostering inclusivity and by creating a positive impact on all involved stakeholders.
