Publicação
The Lawfulness of infinite scroll down on Facebook
| Resumo: | This study explores the lawfulness of infinite scroll down on Facebook under the Unfair Commercial Practices Directive and the Digital Services Act. Infinite scrolling is a hyper-engagement mechanism designed to keep users engaged, raising concerns about user autonomy, digital addiction, and consumer rights. The research examines the psychological and behavioral effects of infinite scroll, demonstrating its role in habit formation, attention manipulation, and compulsive engagement. It further assesses whether infinite scrolling qualifies as a dark pattern, a deceptive design practice that impairs user autonomy. Through legal analysis, the study evaluates how the Unfair Commercial Practices Directive and the Digital Services Act regulate manipulative digital practices, highlighting their strengths, limitations, and enforcement challenges. The findings of the study indicate that infinite scrolling constitutes a type of dark pattern referred to as the hyper-engagement dark pattern. However, this pattern does not readily align with existing legal categories. This research underscores the need for clearer legal frameworks to address hyper-engagement mechanisms such as infinite scroll down and ensure a fair and transparent digital environment. |
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| Autores principais: | Miranda, Ana Beatriz Vinagre de |
| Assunto: | infinite scroll Facebook social media dark patterns hyperengagement mechanisms Unfair Commercial Practices Directive Digital Services Act rolagem infinita mídias sociais padrões obscuros |
| Ano: | 2025 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | This study explores the lawfulness of infinite scroll down on Facebook under the Unfair Commercial Practices Directive and the Digital Services Act. Infinite scrolling is a hyper-engagement mechanism designed to keep users engaged, raising concerns about user autonomy, digital addiction, and consumer rights. The research examines the psychological and behavioral effects of infinite scroll, demonstrating its role in habit formation, attention manipulation, and compulsive engagement. It further assesses whether infinite scrolling qualifies as a dark pattern, a deceptive design practice that impairs user autonomy. Through legal analysis, the study evaluates how the Unfair Commercial Practices Directive and the Digital Services Act regulate manipulative digital practices, highlighting their strengths, limitations, and enforcement challenges. The findings of the study indicate that infinite scrolling constitutes a type of dark pattern referred to as the hyper-engagement dark pattern. However, this pattern does not readily align with existing legal categories. This research underscores the need for clearer legal frameworks to address hyper-engagement mechanisms such as infinite scroll down and ensure a fair and transparent digital environment. |
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