May 13, 2025

Made to Manipulate:

The impact of deceptive online design practices on wellbeing and strategies to mitigate harm

 

In a world where digital convenience promises endless choice, what is this “choice” really costing us?

Deceptive and manipulative design features—known as dark patterns—are embedded into websites and apps to influence our choices, often not in our best interests. From subscription traps that make cancelling nearly impossible to pre-ticked boxes that share more of our data, these subtle yet sinister practices may appear as mild annoyances individually, but their cumulative effect is costing Australians financially, compromising privacy, and degrading online experiences.

Churchill Fellow Chandni Gupta travelled across seven countries, meeting with over 25 organisations and interviewing more than 70 experts to understand how different jurisdictions are tackling these issues and what Australia can learn from their approaches.

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Key Findings

1

Wellbeing should be central to consumer protection

Protecting consumer wellbeing requires more than just financial protections—it means ensuring people have genuine choice and agency in the digital economy.

2

Australia is falling behind

While jurisdictions around the world are implementing specific laws against dark patterns, Australia lacks economy-wide protections against unfair trading practices.

3

Solutions must be systemic

Combating dark patterns requires legislative reform, regulatory enforcement, business accountability, and incentives that prioritise fairness over exploitation.

4

Emerging technologies present new challenges

As technologies evolve, dark patterns are being supercharged with AI, becoming more dynamic and difficult to detect—particularly in non-visual interfaces.

Recommendations

 

For Australian Government:

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Introduce an economy-wide ban on unfair business practices that clearly captures dark patterns
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Immediately ban subscription traps, making it illegal to add more steps to cancel than to subscribe
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Prohibit practices like nagging consumers after they've said no and using language that belittles their choices
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Ensure regulators have direct enforcement powers, including requiring compensation and forcing businesses to delete data acquired through deceptive practices
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Introduce supervisory fee models where large digital businesses contribute to regulatory oversight

For Regulators:

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Develop innovative enforcement strategies including automated detection tools
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Share the investigation journey and outcomes as they occur to raise awareness and deter non-compliance

For Businesses:

 

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Design online experiences with fairness in mind, not just financial outcomes
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Test online choice architecture for consumer comprehension not consumer manipulation
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Implement innovative enforcement strategies including automated detection tools that can inspect the market at scale

Where to from here?

CPRC welcomes the opportunity to work further on this issue with government, regulators, policy makers, academia and the community sector. 

If you are in one of the above groups and would like a one-on-one briefing for your organisation contact our team today. 

Made to Manipulate webinar

Join Churchill Fellow Chandni Gupta as she shares international insights on dark patterns and discusses practical approaches for Australia at the Made to Manipulate webinar. Through webinars, and stakeholder briefings, this tour will explore how we can create a digital economy that Australians enjoy, not just endure.

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This report was completed as part of the Churchill Fellowship

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