Dark Patterns and the Ethics of Persuasion in UX

Where To Draw the Line?

 

In 2010, designer Harry Brignull coined the term dark patterns to describe user interface (UI) designs that deliberately manipulate users into taking actions they might not otherwise choose. Over a decade later, dark patterns are widespread in product design and UX — from e-commerce to social media. While some argue these tactics are simply persuasive design strategies, others contend they cross ethical boundaries, eroding user trust and, in some cases, breaching legal standards. If you’re a product person these might be blatantly obvious, irritating and frustrating. We can bypass and recognise them. But for many they are exploitative and subtle leading to behaviour that might not be in the users’ best interests!

 

What Are Dark Patterns?

 

Dark patterns are design tactics created to deceive or manipulate users into making choices that may not be in their best interests. Unlike honest persuasion, dark patterns exploit cognitive biases to serve business objectives, often to the detriment of the user. Common examples include:

  1. Bait and Switch: Offering one option that transforms into another upon interaction (e.g., clicking a harmless button that adds a subscription).
  2. Roach Motel: Making it easy to sign up but exceedingly difficult to cancel services.
  3. Confirmshaming: Guilt-tripping users into decisions by framing alternative options negatively (e.g., “No, I prefer paying full price”).
  4. Sneak Into Basket: Adding items to a shopping basket without the user’s explicit consent.

Real-World Examples

 

Amazon’s Cancellation Process

 

Amazon faced criticism for its convoluted Prime subscription cancellation process, described by the Norwegian Consumer Council as a “dark pattern labyrinth.” By requiring users to navigate multiple steps and misleading options, Amazon was accused of intentionally frustrating users into retaining subscriptions. In response to legal pressure in Europe, the company eventually simplified the process.

Cookie Consent Pop-Ups

 

The ubiquitous cookie banners mandated by GDPR often employ dark patterns. Many websites obscure the “reject all” option behind several layers of clicks, while the “accept all” button is prominently displayed. This design tactic exploits user fatigue and a preference for convenience.

The Ethics of Persuasion vs. Manipulation

 

Not all persuasive design is unethical. For instance, designing a call-to-action button that encourages users to sign up for a newsletter through engaging copy and visuals is a fair practice. However, when persuasion crosses into manipulation—intentionally subverting user autonomy—the ethical line becomes blurred.

Ethical persuasion aligns with user goals and values, fostering trust and long-term engagement. For example, Duolingo’s gamified learning experience motivates users to practise daily by using rewards like streaks, without coercion.

In contrast, manipulative persuasion, such as Spotify’s use of dark patterns to dissuade free users from cancelling their trial accounts, undermines user autonomy. Such tactics prioritise short-term gains over user satisfaction and retention. Similarly many dating apps such as Match.com make it extremely difficult to delete your account once you have expressed a desire to do so. At one point even forcing users to another platform entirely to request the account deletion – many users simply did not understand the process leading to automatic fees being deducted for accounts that were not closed down.

 

Consequences of Dark Patterns

 

  1. Erosion of Trust: Users increasingly recognise dark patterns, and their prevalence can tarnish a brand’s reputation. A study by Princeton University found that 11% of 11,000 shopping websites used dark patterns, leading to reduced trust in e-commerce platforms overall.
  2. Legal Repercussions: Governments and regulatory bodies are cracking down on dark patterns. The UK’s Competition and Markets Authority (CMA) and the EU’s consumer protection authorities are increasingly scrutinising practices that obfuscate subscriptions or manipulate user consent. In 2022, Epic Games paid $520 million in fines for dark patterns in Fortnite that tricked players into making unintended purchases.
  3. User Backlash: Social media amplifies user frustrations. Negative publicity, as seen with LinkedIn’s misleading “invitation” emails that led to lawsuits, can escalate quickly, impacting user acquisition and retention.

The Designer’s Responsibility

 

Designers wield significant influence in shaping user experiences. This influence comes with a responsibility to prioritise user well-being alongside business objectives. Questions to consider include:

  • Transparency: Are users fully informed about the consequences of their actions?
  • Consent: Are choices presented clearly and equitably?
  • Respect: Does the design respect the user’s autonomy and intelligence?

To navigate ethical challenges, organisations can adopt frameworks like ethical design guidelines and conduct regular audits to identify and eliminate dark patterns. For instance, Mozilla’s Lean Data Practices emphasise user-first data handling and transparent consent mechanisms.

 

Drawing the Line

Designers must strike a balance between persuasion and manipulation, recognising that user trust is a finite resource. In a competitive market, short-term gains achieved through dark patterns are often outweighed by long-term losses in reputation and user loyalty.

As Harry Brignull stated, “When you make a dark pattern, you are deliberately designing for your user to fail.” Ethical design should empower users, building relationships founded on trust and mutual respect.

Moving Forward: A Call to Action

The fight against dark patterns isn’t solely the responsibility of designers. Regulators, organisations, and consumers all play a role. As we navigate the evolving digital landscape, ethical design must remain a cornerstone of user experience, ensuring that the line between persuasion and manipulation is drawn with integrity.

Here’s the Deceptive Patterns ‘Hall of Shame’ which makes for fascinating reading!

  • Brignull, H. (2010). Dark Patterns: Types and Examples. DarkPatterns.org
  • Norwegian Consumer Council (2021). Amazon Prime Cancellation Process Report.
  • Princeton University (2019). Dark Patterns at Scale: Findings from a Crawl of 11K Shopping Websites.
  • CMA (2022). Statement on Dark Patterns and Deceptive Design Practices.