Manufactured Consent: Dark Patterns and the Legal Limits of Consumer Autonomy in Digital Markets

  • Rakshit Sharma and Aditi Sharma
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  • Rakshit Sharma

    Student at Amity University, Noida, Uttar Pradesh, India

  • Aditi Sharma

    Assistant Professor at Amity University, Jharkhand, India

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Abstract

The rapid expansion of digital markets has transformed how consumers interact with businesses, but it has also enabled the widespread use of dark patterns, interface designs that subtly manipulate user behaviour. This paper examines the concept of “manufactured consent,” where consumer choices are shaped not by informed decision-making but by psychological nudges embedded within digital platforms. By integrating legal analysis with insights from behavioural psychology and management strategy, the study explores how businesses leverage cognitive biases such as default effects, loss aversion, and decision fatigue to influence user actions, often at the cost of genuine autonomy. From a legal perspective, the paper evaluates the adequacy of existing regulatory frameworks, including data protection and consumer protection laws, in addressing these manipulative practices. It highlights the challenges regulators face in distinguishing persuasive design from exploitative manipulation, particularly in jurisdictions like India where enforcement mechanisms are still evolving. From a managerial standpoint, the study analyses how dark patterns are deployed as strategic tools to maximize engagement, conversion rates, and data extraction, raising questions about ethical governance and corporate responsibility. The paper argues that traditional notions of consent are increasingly inadequate in the face of psychologically engineered interfaces. It calls for a reconceptualization of consent that accounts for behavioural realities, alongside stronger regulatory interventions and ethical design standards. Ultimately, the study contributes to the growing discourse on the intersection of law, psychology, and management by demonstrating how digital architectures are reshaping the boundaries of consumer autonomy and legal accountability.

Keywords

  • Dark Patterns
  • Manufactured Consent
  • Consumer Autonomy
  • Digital Market Regulation

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 3204 - 3220

DOI: https://doij.org/10.10000/IJLMH.1111937

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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