Malicious, Misleading Websites: A New Way to Deceive Consumers

Cleverly designed websites that steer consumers toward unwanted choices are rampant in online shopping and elsewhere. To reduce harm, the public and private sectors must devise countermeasures.

In this era in which people can shop conveniently online, the e-commerce market continues to expand. In 2024, it reached about ¥26 trillion, more than doubling over the past decade.

While convenience is increasing, fraud and similar problems persist. Sometimes the problem stops short of a crime, and consumers are unknowingly disadvantaged.

Tactics called “dark patterns,” which involve designing websites to deceive consumers, have begun to emerge as a social problem.

In a typical example, sites sometimes display a message like “limited stock” to create a sense of urgency and prompt purchases, even when an abundance of products are readily available.

Another tactic involves making it easy to register for a service but difficult and time-consuming to cancel, thereby leading to continued use of the service. In some reported cases, users are automatically switched to a subscription plan after a trial period and pay without knowing they are doing so.

The point of these tactics is to exploit psychological vulnerabilities. When consumer choice is distorted, it not only harms the individual and but also prevents truly good products from being chosen, likely hindering fair competition.

Estimates suggest dark pattern-related losses exceed ¥1 trillion annually. Public and private sectors should both develop countermeasures.

A private organization formed by major IT companies and other entities launched a new system this month to mitigate harm from dark patterns.

The organization will establish a mechanism for reviewing websites and certifying those that do not use dark patterns. Sites meeting the criteria will receive a certification mark. This will allow businesses to promote their sites as trustworthy. It is hoped that this program will contribute to a sounder industry.

To reduce harm, consumers themselves must also become more aware of the problem. One effective approach is to take a moment before deciding on a purchase or entering into a contract.

Regulatory efforts are intensifying overseas. Last month, Amazon.com Inc. settled a lawsuit alleging the U.S. tech giant used unfair tactics to mislead customers into joining its Amazon Prime paid membership service. It agreed with U.S. authorities to pay $2.5 billion (about ¥380 billion).

The European Union prohibits deceptive website design under its Digital Services Act.

In Japan, there is no established definition of dark patterns, nor is there comprehensive legislation regulating them. Discussions should be furthered by referencing overseas cases.

(From The Yomiuri Shimbun, Oct. 27, 2025)