Dark Patterns vs. Fairness by Design in an AI-Driven World
In today’s hyper-digital world, the question isn’t whether we’ve encountered dark patterns—it’s how often. These manipulative design tricks subtly coerce users into actions they might not have otherwise taken, from accidentally subscribing to services to sharing more data than intended. This panel unpacks the dark side of UX design and how fairness by design can provide a way forward, especially as AI amplifies these challenges. Featuring Marie Potel-Saville (CEO of Fair Patterns), Inês Portela (founder of the Legal Design & Digital Institute), and Celia Hodent (author of The Psychology of Video Games), and hosted by Mariana Barbosa (Start Now. Cry Later), the session reveals actionable strategies to combat dark patterns in tech.
The Lowdown:
Dark patterns are deceptive design techniques used to manipulate users, despite being illegal in many places.
AI's increasing role in design makes combating dark patterns even more urgent, as it can unintentionally amplify them through biased training data.
Ethical design benefits businesses and users, promoting trust and long-term loyalty.
Regulation, education, and a shift in design mindset are critical to combating manipulative practices.
“Dark Patterns Are Everywhere—And Illegal”
Marie Potel-Saville kicks things off by defining dark patterns as manipulative design practices online, such as subscription traps, misleading cookie banners, and auto-added cart items. She emphasizes that while globally outlawed, these tactics persist, creating significant harm not just for individuals but for society at large.
"Manipulation is not the price we have to pay to exist online. It’s illegal, harmful, and entirely avoidable." – Marie Potel-Saville
“AI Isn’t Neutral—It Can Amplify Dark Patterns”
Marie highlights a University of Glasgow study showing that AI tools trained on flawed datasets often replicate dark patterns by default. Large language models, for instance, are so deeply rooted in existing data patterns that they unintentionally propagate manipulative practices unless explicitly trained otherwise. AI’s ability to hyper-personalize content at scale only deepens the concern.
"With AI, the scale and speed of dark patterns are amplified unless we address them at their source—through cleaner data and ethical training." – Marie Potel-Saville
“Gaming’s Ethical Dilemma”
Celia Hodent draws on her experience in the gaming industry, where dark patterns often target vulnerable groups like children. She points to Epic Games' $500M fine as a wake-up call for companies. Ethical UX design isn’t just a moral imperative—it’s a business necessity.
"Dark patterns aren’t just bad for users—they’re bad for business. The cost of lost trust and fines far outweighs short-term gains." – Celia Hodent
“Our Biases Are The Target”
Celia explains that dark patterns exploit inherent human biases and flaws, such as our inability to multitask effectively or spot small details while navigating fast-paced environments. This makes user awareness and education essential in fighting back.
"A magician directs your attention to what they want you to see. Dark patterns do the same, but for far less entertaining reasons." – Celia Hodent
“Put Humans First—Always”
Inês Portela frames ethical design as a competitive advantage, particularly as customers become savvier about manipulative practices. She advocates for a shift in mindset within organizations, where human-centered design and long-term brand loyalty take precedence over short-term revenue goals.
"If you’re human-first in a tech-driven world, that’s a differentiator—and a business asset." – Inês Portela
“Regulation and Education Are the Key”
Inês underscores the importance of global regulation, combined with grassroots initiatives to boost digital literacy. Hackathons, for instance, bring together developers, designers, and lawyers to foster cross-disciplinary understanding and solutions. Civil society can also play a role, as demonstrated by local Spanish radio programs warning older adults about manipulative online practices.
"The greatest enemy of knowledge isn’t ignorance—it’s the illusion of knowledge. We need to educate people on what fairness by design looks like." – Inês Portela
Quickfire: Final Takeaways
Q: How can businesses balance user engagement with ethical design?
Celia Hodent: A UX-first approach that puts the user’s needs above short-term profits builds trust and loyalty, which are better for business in the long run.
Q: Can AI ever be neutral?
Marie Potel-Saville: AI is a reflection of its training data. Without intentional interventions to clean datasets and train against dark patterns, AI will replicate and amplify existing biases.
Q: What role does civil society play?
Inês Portela: Education is everything. Community-driven initiatives, like hackathons and public awareness campaigns, empower users to identify and resist manipulation.
Final Thoughts: Designing for Fairness
Marie ends the panel with a powerful call to action: Dark patterns are not inevitable. Ethical, user-centered design—what she calls “fair patterns”—is achievable with plain language, balanced choices, and genuine transparency.
"Fair patterns empower users to make free, informed choices. It’s not easy, but it’s entirely possible." – Marie Potel-Saville
This discussion makes it clear: The future of digital design must prioritize fairness over manipulation. As AI becomes more embedded in our systems, the time to act is now.
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