Invisible influence: dark patterns and digital deception in Aotearoa New Zealand

Key findings

• Dark patterns pressure consumers in New Zealand to spend money and waste time  
  • One-third of New Zealanders said they spent more money than they intended because of a dark pattern. 
  • Around one-quarter of New Zealanders said they kept a subscription longer than they intended because of a dark pattern. 
  • Over 40% of people interviewed said they found it difficult to cancel or undo something because of a dark pattern. 
  • More than one in eight people said they purchased something they didn’t want because of a dark pattern. 

• Dark patterns persuade consumers to part with personal information  
  • One in four people interviewed said they shared more information than they were comfortable with because of a dark pattern. 
  • Two in five people agreed to something unintentionally (for example, cookies or marketing emails) because of a dark pattern. 
  • Three in ten people felt pushed or pressured into buying or signing up because of a dark pattern. 
  • One in four people signed up or created an account by accident. 
    
    
• Businesses that use dark patterns are regularly seen as putting profits above people – Dark patterns are unlikely to foster long-term trust or loyalty. 
  
  
• Unlike in some other countries, dark patterns are unchecked and unregulated in New Zealand – Our laws are not protecting our citizens. 
  
  
• The majority of New Zealanders want better rules and industry standards to mitigate dark patterns – Most people think the government should lead this work. 

The 10 types of dark pattern used online in Aotearoa

Subscription traps: When it’s easy to create an account, open a membership or start a subscription but much more difficult to cancel it.  

Hidden fees: When shoppers end up paying more for a product or service than the initial advertised price suggested they would.  

Disguised advertisements: When advertisements look like regular content on a website, causing users to navigate away from the website unintentionally.  

False hierarchy: When a website attempts to force a particular choice, one that is often worse for the user, often through the use of colour, placement or size.  

Data grab: When a website encourages or forces consumers to divulge more personal information than is necessary.   

Nagging: When there is redirection from a task that persists beyond one interaction.  

Scarcity cue: When a website creates pressure or a sense of urgency to complete certain actions.  

Activity notifications: When information about the activity of other consumers (whether real or fake) is provided to encourage a particular choice or action. 

Confirmshaming: When a website attempts to guilt-trip users into making a particular choice, often by using negative, emotive language.  

Forced action: When a user must complete an action, like answering a survey question, before being able to complete an intended task.