The term “dark patterns” became popular and has gained much attention from both enforcers and academics. It connects strictly to behavioral studies and the relevance of choice architecture, notably in the online environment. If dark patterns entail the deployment of choice architecture in ways that misguide individuals and that may lead to harm, one relevant question in this discussion is assessing whether the mere fact that some form of manipulation is being deployed would mean the practice should be deemed unlawful. This article proposes that though the discussion on the legality of manipulation is relevant – and the definition of what is considered to be manipulative is paramount – the dark patterns debate gains more by focusing on the impact of dark patterns’ deployment for individuals.
By Marcela Mattiuzzo[1]
As noted by Thaler, Sunstein & Balz,[2] people do not make decisions in a vacuum. Rather, they decide in specific environments. Those who design the environments in which decisions are made are referred to as “choice architects” and have considerable power in influencing what those decisions will be, precisely because they are able to meddle with features of that same environment (Thaler, Sunstein & Baltz 2010).[3] As behavioral science has shown, rather than being fully rational, utility maximizing individuals, human beings are highly susceptible to all kinds of influence. Becoming aware of the susceptibilities of individuals t
...THIS ARTICLE IS NOT AVAILABLE FOR IP ADDRESS 18.97.14.89
Please verify email or join us
to access premium content!