Paper Title
Consumer Protection Against Dark Patternson Business Platforms: An Interpretation Under the Consumer Protection ACT B.E. 2522 (1979)
Abstract
In today’s digital age, technology plays a significant role in human lifestyles, making everyday activities more convenient. Social media, e-commerce platforms, and streaming services enable users to access information and services effortlessly, such as ordering food or booking movie tickets. Businesses in the digital era often employ strategic designs to influence consumer behavior to attract and retain users. However, some businesses utilize deceptive design strategies, known as "dark patterns," embedded in platforms or applications to manipulate users into making unintended decisions or acting against their best interests. Users may often be unaware that they are being subtly guided or influenced. For instance, platforms may present terms and conditions as lengthy, multi-paragraph texts. This article focuses on three main objectives: (1) to study how dark patterns are designed to deceive consumers, (2) to analyze how the Consumer Protection Act B.E. 2522 (1979) can address these deceptive practices, and (3) to propose solutions for better consumer protection and regulations against dark patterns. The term "consumer" under Section 3 of the Act is somewhat unclear, especially when deciding whether certain business strategies count as offers, or "inducements”. The author suggests creating a clearer definition of "consumer" to address this ambiguity and recommends proactive measures by authorities to monitor and regulate business practices. Additionally, Thailand could adopt laws similar to the EU's Digital Markets Act, which bans dark patterns, promotes fair competition, and requires businesses to disclose details about their algorithms. These steps would help protect consumers and ensure a fairer digital marketplace.