International Journal of Human Rights Law Review

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 2583-7095

Dark Patterns and the Illusion of Consent: Exploiting Legal Loopholes in Digital Media

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Akriti Chauhan, & Pratibha Mahantagoud Patil (2026). Dark Patterns and the Illusion of Consent: Exploiting Legal Loopholes in Digital Media. International Journal of Human Rights Law Review, 5(4). Retrieved from https://ijhrlr.in/journal/dark-patterns-and-the-illusion-of-consent-exploiting-legal-loopholes-in-digital-media/

Abstract

This paper explores how digital platforms use “dark patterns,” which are design tricks that influence users to make choices they might not fully understand. These patterns are commonly seen in cookie consent forms, subscription sign-ups and privacy settings. Although it might look like most web pages are legally compliant, they are frequently worded in a way that is challenging to understand, pre-set to make a specific choice or have concealed features that lead users to consent without fully knowing what they are agreeing to do. The study explains how these practices create an illusion of consent; the users are technically consenting but are not actually informed. It points out how the existing legislations put more emphasis on formal assent over making sure users make their decisions. Due to this loophole, companies are able to make their interfaces legally acceptable but ethically dubious. Further, the paper analyses various instances of dark patterns and their impact on user actions. It demonstrates that numerous users are inclined to make immediate choices under the pressure of time, misunderstanding or unclear information. This prompts the question of whether consent in the cyberspace is truly voluntary. The paper concludes by advocating for improved regulatory standards and better design practices to enhance transparency and usability. It highlights the need to establish clear communication, balanced interface and enhanced enforcement systems to make sure that the users can make informed decisions and gain real control over their online interactions. It further emphasizes the importance of holding digital platforms accountable for manipulative practices that undermine genuine user consent.

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International Journal of Human Rights Law Review
ISSN No.
2583-7095
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All research articles published in The International Journal of Human Rights Law Review are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJHRLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJHRLR.

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