Dark Patterns: Unveiling Online Manipulation

Ireland's Media Regulator Investigates Facebook and Instagram for Potential Use of Dark Patterns

As internet users, do we still have control over the content we see on Facebook or Instagram? Or are we being subtly guided toward personalized feeds and algorithms that collect more data about us and keep us engaged for longer periods?

These are the central questions behind the latest investigation by Ireland's media regulator into Meta, the parent company of Facebook and Instagram. The authority is examining whether the social media platforms' recommendation systems violate Article 27 of the European Digital Services Act (DSA). This law ensures that EU citizens have the right to understand and modify their social media platform algorithms at any time.

The investigation is now looking into whether Meta uses manipulative user interfaces—so-called dark patterns—to complicate these choices for its users. If found guilty, Meta could face fines of up to 6% of its global annual revenue, which could amount to as much as €20 billion ($23.5 billion).

What Are Dark Patterns?

Dark patterns are web design techniques designed to influence users into actions they don't want to take or that aren't in their best interest. They often exploit users’ desire for convenience, lack of time, or fear of missing out. The goal is to trick users into making purchases, signing up for subscriptions, or sharing personal information.

In this case, the Irish media regulator is investigating whether Meta intentionally hides the option to switch between a personalized and a purely chronological feed deep within different menu options. It is also looking into whether the company resets the selected setting after the app is closed, encouraging users to eventually agree to the personalized feed just to avoid further prompts.

Common Examples of Dark Patterns

Meta is not the only tech company suspected of using dark patterns. Similar user interfaces can be found on many social media platforms, online stores, mobile games, and other apps. Some of the most common dark patterns include:

• Confirmation shaming: Users are asked a question, such as whether they want to allow data tracking for personalized ads. The "yes" button is large and colorful, while the "no" button is small and gray. It is often labeled in a manipulative way, such as "no, I want to continue seeing irrelevant ads," implying that choosing this option is something to be ashamed of.

• Hidden "no" buttons: Often, there is a "yes" button, but the other option says "more options," requiring users to navigate through additional submenus to select "no." Sometimes answer options are pre-selected with checkmarks ("prechecked boxes"), so users must actively deselect them.

• Artificial time pressure: Online retailers frequently use this tactic. For example, they might display a flashing countdown timer or messages like "only one item left in stock!" or "X [number of] people are currently viewing this item." This is designed to create urgency and prompt hasty decisions.

• Nagging: Users are repeatedly prompted to take a specific action until they eventually agree, just to stop the annoying notifications. This can happen, for instance, when booking a trip that involves multiple steps: the suggestion to purchase travel cancellation insurance or reserve a seat for an additional fee appears on every page.

• The "pay or OK" model: This forces users to either pay for ad-free use of a website or consent to the processing of their data for personalized advertising. Consumer advocates criticize this model because it doesn’t offer equal choice and effectively pressures users into sharing their data.

• The "cockroach motel": This model makes it easy for users to sign up for a service or subscription with a single click, but it’s extremely difficult to cancel. Options for cancellation are often buried deep in submenus, or a written notice or phone call is required. The term comes from a US cockroach trap where the insects can check in but never check out.

• Free-trial subscriptions: These often automatically renew if not canceled in advance. The cost upon renewal is displayed very subtly, making it easy for users to miss.

How Can Consumers Protect Themselves?

Under the Digital Services Act, the EU has effectively banned online platform operators from using such practices. Users must not be deceived, manipulated, or prevented from making free choices by the design of a website.

However, dark patterns often operate in a legal gray area. There is no clear, uniform legal definition of when a design is "manipulative." Many websites use psychological mechanisms that are questionable but not outright illegal.

Making users aware of these tricks is still the best way to prevent people from falling for them. Given the huge number of dark pattern models online, various websites, ranging from consumer protection organizations to academic research projects, have compiled lists of them to make the underlying mechanisms public.

In general, consumer protection organizations advise internet users to always proceed with caution when surfing the web, avoid clicking on preset buttons too quickly, and carefully review checkboxes and shopping carts. Additionally, users should not allow themselves to be pressured into making hasty purchase decisions and should not let websites make them feel guilty.