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India Strengthens Consumer Protection Measures in the Digital Era

New Delhi:  In a bid to fortify consumer rights in the ever-evolving landscape of digital commerce, the Department of Consumer Affairs has taken significant strides to enhance consumer protection through progressive legislations.

The Consumer Protection Act of 1986 has been replaced by the more contemporary Consumer Protection Act of 2019, reflecting the changing dynamics of the globalized world, technology advancements, and the surge in e-commerce markets.

To address the challenges posed by e-commerce, the Department has introduced the Consumer Protection (E-commerce) Rules, 2020, under the provisions of the Consumer Protection Act, 2019. These rules delineate the responsibilities of e-commerce entities, establishing a framework to safeguard consumers from unfair trade practices in the digital marketplace. Key aspects include outlining the obligations of both marketplace and inventory e-commerce entities, as well as provisions for effective customer grievance redressal.

In a move towards more accessible and efficient consumer complaint resolution, the Department has launched the Consumer Commission online application portal, “edaakhil.nic.in.” This portal allows consumers and advocates to file complaints online, ensuring a speedy and hassle-free resolution process. Currently operational in 35 States/UTs across the country, the portal is aimed at empowering consumers in the digital age.

Furthermore, the Central Consumer Protection Authority (CCPA) has issued guidelines on the Prevention of Misleading Advertisements and Endorsements, effective from June 9, 2022. These guidelines establish conditions for non-misleading and valid advertisements, stipulations regarding bait advertisements and free claim advertisements, and define the duties of manufacturers, service providers, advertisers, and advertising agencies.

Recognizing the threat of dark patterns—design and choice architecture tactics that deceive consumers—the CCPA has, under the Consumer Protection Act, 2019, issued the “Guidelines for Prevention and Regulation of Dark Patterns, 2023.” Issued on November 30, 2023, these guidelines comprehensively address and list 13 specified dark patterns to prevent and regulate their use.

To combat fake and deceptive online consumer reviews, the Bureau of Indian Standards (BIS) has introduced a voluntary framework titled ‘Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication.’ Enforced from November 23, 2022, the standards focus on principles such as integrity, accuracy, privacy, security, transparency, accessibility, and responsiveness. Applicable to all online platforms publishing consumer reviews, this framework aims to protect consumer interests in the realm of e-commerce.

Union Minister of State for the Ministry of Consumer Affairs, Food, and Public Distribution, Shri Ashwini Kumar Choubey, shared this information in a written reply today in the Rajya Sabha. These initiatives collectively signify the Indian government’s commitment to ensuring consumer protection and empowerment in the rapidly evolving digital landscape.

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