The Consumer Policy Research Centre (CPRC) and Monash University recently partnered together on a new report ‘Playing the Player: Unfair digital gaming practices and their impact on Australians‘. Below is the introduction and 9 key recommendations of the report. To download a copy of the full report, or to see a summary of the key insights of the report, click here.
When you play a game, you want to relax, learn, connect with friends or test your skill. Gaming should be an enjoyable experience. Yet, common design features in games are leaving players stressed and frustrated as they lose money and time trying to navigate game designs made to manipulate.
Dark patterns (also known as deceptive and manipulative designs) are everywhere – when we shop online, on social media, streaming services and booking systems. They are design features built into websites, apps and other digital platforms purely to steer consumer choice, and generally not in the consumers’
best interests. This report examines the prevalence and related harm caused by dark patterns used in digital games. It presents the current gaming experience of Australian players and explains how manipulative designs are affecting players.
While not all games use the manipulative design tactics outlined in this report, these tactics are prevalent
enough that 95% of Australian adult players have encountered them at least once. Through a survey of
Australians who regularly play digital games, we have identified the following harmful practices that require stricter regulation such as:
- Deceptive designs that exploit cognitive biases and vulnerabilities, e.g. trick questions/confusing
- language, disguised ads, confirmshaming, and false hierarchies.
- Designs and reward dynamics akin to gambling, e.g. loot boxes, battle passes, and skin betting.
- Layers of in-game currencies that mask or distort real-world monetary costs (microtransactions).
- Manipulative practices targeted towards children.
The digital game industry is one of the largest entertainment sectors globally, with revenues
surpassing both box office and music sales. Australians are estimated to spend more than AU$4 billion on
digital games and gaming-related hardware each year. This exceeds the annual spend on other common forms of entertainment such as films, streaming services, music or books. Globally, the market is predicted to have been worth more than $290 billion by the end of 2024. Given the size and influence of this sector, we have to consider how to encourage great quality games and how to remove or reduce harmful practices.
At the time of releasing this report, Australia is considering introducing a ban on unfair business
practices. This reform could address many of the worst harms identified in this report, especially if combined with reforms to how businesses collect and use consumer data. Even if these economy-wide reforms are implemented, two major harms will still need to be addressed. The first is the need to protect children from manipulative tactics in gaming. The second is the need to establish clearer pathways for redress when something goes wrong and to strengthen customer service obligations for digital products.
Key Recommendations
- Establish and uphold a duty of care to protect children and other vulnerable consumers
- Introduce meaningful and standardised disclosures
- Make unfair illegal
- Update privacy protections to align with 21st century realities
- Ban the use of gambling-like designs in games
- Restrict microtransactions and enforce clear labelling of in-game transactions
- Impose penalties on digital gaming companies that fail to offer fair remedies
- Establish clear, accessible pathways for resolving disputes
- Ensure funding for digital game development in Australia is reserved for games that do not use dark patterns