Targeted Advertising: A ‘Free’ Choice Phenomenon Marred by Covert Manipulation

Statistics show that India has become a lucrative ground for digital marketing. This includes social media, online shopping giants and publishing platforms. Everything is a fair ground for data miners and brokers. Personal information is collected, harnessed, utilised and repurposed in opaque ways with vague or no clarifications. One manifestation occurs in the form of targeted advertisement. This article delves into the process of manipulation of individual faculties leading to violation of civil liberties and fair market practices. It first builds ground for discussion establishing targeted advertising as a manipulative practice. Second, it delves into various legal ramifications resulting from the said targeting. Third, it delinks manipulation from persuasion drawing from fair market principles and intentional mismatch of the data controller and provider. Lastly, it highlights regulatory practices of the EU as guiding principles to begin identification and regulation of this covertly designed practice aimed at exploiting one party to bestow illegitimate gains on another. The phrase “knowledge is power” holds even stronger apprehensions in the digital economy and this article deeply explores the perils when it comes at the cost of “ignorance” of another.