Dark Patterns 2025

18 May 2025

Dark patterns - person's hand using an technology to control
The ACCC prosecutes misleading visuals.

You’re Growing a Brand,

Stay Seen. Stay Trusted. Stay Legal.

A few years ago, “just post it” was the strategy. A flashy ad here, a Reel with a dramatic countdown there, maybe a swipe-up to a lead magnet you barely remembered you set up. But the rules are changing.

And no, this isn’t just for the Metas and Googles of the world. If you’re a business owner promoting your services on social media, this story is about you too.

 

How many of us have become wise to the “Only 2 spots left!” trick for an online course we’ve seen floating around for months. The urgency? Fake. The testimonials? Overly polished. The cancel X? Hidden — or barely visible.

It used to really bother me and now know that it’s because it’s completely agains my values.  It’s not honest and it’s definitely not kind.

Turns out, some of that is now legally questionable.

Australia and the EU are cracking down

The EU’s Digital Services Act (DSA) has now formally banned misleading design tactics, called “dark patterns.” These are those shady-but-slick tricks used to manipulate people online, think hidden costs, guilt-laden opt-outs, and subscriptions you can’t easily cancel.

Australia isn’t far behind. The ACCC has already slapped companies for “drip pricing” and misleading ads. And with the Privacy Act Review and proposed changes to Australian Consumer Law, we’re headed toward similar protections down under.

Here’s where it impacts us as business owners, marketers and designers.

These dark patterns are now banned in the EU – and are under review in Australia
A business must be able to prove any claim they advertise

Ads that exaggerate or mislead.

Think:

  • Before-and-after miracle transformations
  • “Only 3 spots left!” when it’s really unlimited
  • AI-enhanced images that suggest impossible results

It’s not just unethical; it can be illegal.

In Australia, the ACCC can and do prosecute under misleading and deceptive conduct laws. In the EU, the DSA bans any online interface that “deceives or manipulates” the user.

What to do: Design for credibility. If you wouldn’t explain it that way to someone face-to-face, don’t say it in your ad.

COLLECTING DATA? Make sure your consent is the real deal

If you’re collecting emails through Instagram ads or running remarketing campaigns, you’re handling data. And that means you’re subject to privacy law.

Under the EU’s GDPR, consent must be “freely given, informed, specific, and unambiguous.” No pre-ticked boxes. No vague pop-ups. No tricking people into saying yes.

Australia’s Privacy Act is heading in the same direction. A 2023 government review recommends much tighter rules around consent and use of personal information

What to do: Let people know what you’re collecting, why, and how to opt out. Clear language, no buried disclaimers. No pre-ticked boxes.

 

ACCESSIBILITY MATTERS – EVEN IN STORIES AND REELS

You might think accessibility only applies to websites, but if your Stories, Reels or Social Ads aren’t usable by people with disabilities, that can still be a problem.

The Disability Discrimination Act (1992) in Australia makes it unlawful to exclude users through inaccessible digital content.

Captions, readable fonts, and contrast aren’t just nice-to-haves, they’re about inclusion and compliance.

What to do: Caption your videos. Avoid flashing visuals. Use legible fonts with decent colour contrast.

Influencer posts with no #ad tag.

In 2023, the ACCC reviewed influencer content across social media and found that 81% didn’t clearly disclose paid partnerships.

So that heartfelt Instagram Story saying, “Just love this brand so much” – if money or gifts were exchanged, that’s now considered misleading conduct in Australia.

The EU’s DSA backs this up with formal rules requiring explicit disclosure when content is paid for or sponsored.

What to do: Be transparent. A simple “#ad” or “paid partnership” tag can keep you compliant – and maintain your audience’s trust.

In 2023, the ACCC found 81% of influencer content broke the rules.

So what does this mean for your content?

You don’t have to be a legal expert. But you do need to be aware. Because even if you didn’t mean to mislead someone, regulators may not care about your intent – just the result.

Ethical design is good design. It builds trust. It elevates your brand. And it shows your clients and community that you’re here for the long game.

So next time you’re planning a campaign, creating an ad, or briefing a designer, think user-first. Think clearly. Think honestly.

Good design. Clear conscience. Building trust and building a stronger brand. 

Examples of dark patterns graphic

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