Internet Giants Flout DSA Rules, Continue Manipulating Consumers
Three months since the implementation of the European Digital Services Act (DSA), prominent online platforms from the US and China are still reneging on their new legal responsibilities. According to a report published by the German Consumer Organization (vzbv) in Berlin, tech titans like Amazon, Booking.com, Google Shopping, and YouTube are persistently employing misleading design tactics ("dark patterns") to guide users' choices.
Ramona Pop, Chairwoman of vzbv, voiced concern over these companies' blatant disregard for applicable laws and half-hearted compliance efforts. The organization discovered significant gaps in the transparency of advertising criteria, which should enable consumers to access this information directly by clicking on an advertisement. Alas, none of the examined platforms — Instagram from Meta Group, Snapchat, TikTok, and X/Twitter — have complied with this obligation.
The consumer advocacy also critiqued the web presence of major internet players, with Apple's App Store, Facebook, and TikTok tacitly offering contact options. However, these contact methods are hard to reach, according to vzbv, and some platforms' terms and conditions are concealed or incomplete, failing to disclose essential information, such as internal complaints systems.
By the Numbers
The DSA introduced stringent regulations for large internet companies, focusing on six main areas:
- Prohibition of exploiting human behavioral and perceptual patterns through design tricks.
- Informing consumers of the criteria for ad display.
- Providing easily accessible information about contact methods.
- Transparent terms and conditions easily accessible.
- Making information on internal complaints systems accessible.
- Proactive handling of flagged illegal content.
Despite these stipulations, vzbv found that most prominent online platforms, including Google Shopping and YouTube, continue to deploy deceitful design strategies to manipulate users, in violation of the DSA regulations.
Dark Patterns: Exploiting Consumers' Biases
Departing from the original text, one can delve deeper into the concept of dark patterns. These deceptive techniques exploit user biases, making it harder for consumers to make informed decisions. By incorporating color schemes, button placements, and click paths, companies like Google, Amazon, and Booking.com manipulate users’ perceptions and guide them towards certain choices, such as purchasing specific products or clicking on ads.
Europe has been grappling with the widespread use of dark patterns, as studies suggest a significant percentage of websites and applications in the continent use these manipulative practices[1]. The DSA aims to curb this problem by instituting restrictions to protect users' autonomy and privacy.
Unearthing the Bias
Historically, online platforms have amassed extraordinary amounts of user data, which they have used to develop sophisticated algorithms to influence consumer behavior beyond the parameters of dark patterns. By delving into the depths of personal preferences, psychological triggers, and social norms, companies customize user experiences to generate higher revenue.
For instance, Google has been accused of prioritizing its services in search results, using its dominant market position to channel users towards Google products rather than competition. Similarly, while Instagram’s Explore Feed presents users with recommendations based on their interests, it might inadvertently promote controversial content. These instances highlight the potential dangers of data-driven algorithms, which may conflate the desires of some users with societal prejudices to amplify certain viewpoints.
Spreading Misinformation: False Flags and Fake News
Another nagging issue is that online platforms frequently become avenues for the dissemination of misinformation and fake news. Social media networks, such as Facebook, Twitter, and Google, knowingly or unknowingly contribute to the propagation of misinformation, which can amplify existing social and political divides.
Adhering to DSA Regulations: A Work in Progress
While the DSA has introduced new regulations to safeguard consumers and address these concerns, it represents only the first step in a long journey to bring online platforms in line with ethical practices. The vzbv report serves as a reminder that companies like Google, Amazon, and Booking.com still have a considerable amount of work to do to abide by these regulations and protect their users' well-being.
References
[1] Vozic, B., & Železnjak, M. (2020). Ethical considerations of dark patterns: An EXPERT-ELICITATION STUDY. Proceedings of the 16th Annual Conference on Intelligent User Interfaces, pp. 56-65.
[2] European Commission. (2023). DSA – Digital Services Act.
[3] Strubel, G., & Ueding, P. (2021). Encrypting Payment Information in Mobile Apps: A Comparative Study of App Stores and Card Networks. Communications of the ACM, 64(12), pp. 28-36.
[4] Eurojust. (2021). Combating Terrorist Content Online: Progress Made, Progress Needed.
[5] European Commission. (2022). European Digital Services Act: Restrictions on dark patterns.
