Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law

Increased time spent by users in virtual environments globally coupled with the choice architectures created by artificial intelligence (AI) systems within these virtual environments means that the AI systems can ‘persuade’ users to take certain actions or abstain from them. In this article, we address this issue through the lens of ‘dark patterns’. Dark patterns are features of the user interface that shape the actions of the users in different ways, getting them to act in ways that they might not act otherwise and that are not necessarily beneficial for them. Recently, regulatory action has been undertaken in various jurisdictions to contain the menace of dark patterns, including in India. But can these measures prevent dark patterns that are powered by AI systems? In this article, we argue that they cannot, as AI-powered dark patterns work at a deep level of behavioural change, making users’ choices appear uninfluenced by manipulation. The laws pertaining to unfair trade practices, transparency and labelling obligations are also not sufficient to deal with these problems. We conclude with an appeal for a holistic approach to AI-powered dark patterns that engage in persuasive behaviour.

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Publication Details

Journal
Journal of Development Policy and Practice
Published
2024-09-19
DOI
https://doi.org/10.1177/24551333241275752
Citations
3
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
1.04
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article

Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law

Krishna Deo Singh Chauhan, Anupriya
3 citations
Journal of Development Policy and Practice
Law, AI, and Intellectual Property
1.04
article

Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law

Krishna Deo Singh Chauhan, Anupriya
article en
3 citations

Abstract

Increased time spent by users in virtual environments globally coupled with the choice architectures created by artificial intelligence (AI) systems within these virtual environments means that the AI systems can ‘persuade’ users to take certain actions or abstain from them. In this article, we address this issue through the lens of ‘dark patterns’. Dark patterns are features of the user interface that shape the actions of the users in different ways, getting them to act in ways that they might not act otherwise and that are not necessarily beneficial for them. Recently, regulatory action has been undertaken in various jurisdictions to contain the menace of dark patterns, including in India. But can these measures prevent dark patterns that are powered by AI systems? In this article, we argue that they cannot, as AI-powered dark patterns work at a deep level of behavioural change, making users’ choices appear uninfluenced by manipulation. The laws pertaining to unfair trade practices, transparency and labelling obligations are also not sufficient to deal with these problems. We conclude with an appeal for a holistic approach to AI-powered dark patterns that engage in persuasive behaviour.

Journal of Development Policy and PracticeVol. 10(1)
O. P. Jindal Global University (IN)
Openalex Percentile: Top 19%
Law, AI, and Intellectual Property
1.04
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