Abstract

ABSTRACT This paper examines the role of dark patterns in the context of TikTok, an emerging social media platform. Drawing on principles from behavioral economics and the existing literature on online choice architecture (OCA), the study investigates how TikTok utilizes choice architecture, namely, dark patterns to engage users and explores the potential implications for data protection, algorithmic practices and market dynamics. The paper employs the "walkthrough method" to conduct a case study, describing the TikTok user experience and mapping potential dark patterns employed by the app. Based on the case study, it discusses the challenges in classifying dark patterns (specially as it depends on the user impact) against legitimate commercial practices. Finally, it describes how dark patterns and OCA have been discussed in the Latin American legal landscape, and finally it proposes next steps for the debate based on the findings of the article..

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