Digital Abuse: How Dark Patterns Manipulate Our Lives

• Published in: Legal Issues in the Digital Age Vol. 5; no. 4; pp. 4 - 27
• Main Authors: Edidin, Boris, Kochetkova, Ksenia, Sarankina, Natalia
• Format: Journal Article
• Language: English
• Published: 09.12.2024
• ISSN: 2713-2749; 2713-2749
• DOI: 10.17323/2713-2749.2024.4.4.27

The digital economy in Russia and abroad is of growing interest to lawmakers, especially in the context of the use of so-called ‘dark patterns' — manipulative interface solutions that influence user behavior. BigTech companies consolidate their dominant position in the market by implementing innovative practices, many of which cannot be recognized as bona fide. The most prominent example of the implementation of user retention mechanisms through embedded features is the Tik Tok platform (Dou Yin). The Tik Tok phenomenon is still being studied by experts, but one of the clues is the unique recommendation feed that dynamically adjusts to the user's interests and is endless, creating the so-called “immersion effect”. The article examines Russian and international approaches to regulating these practices. Particular attention is paid to legislative initiatives and enforcement practices aimed at protecting consumer rights and limiting the use of manipulative practices on digital platforms. The Russian legislation is still focused on certain aspects of consumer protection and countering unfair competition, while Western countries introduce specialized norms to combat “dark patterns”. The aim of the article is to examine the existing norms and suggest ways to adapt successful foreign practices to the Russian legal context.