Disguised advertisement or action
Fake close control opens another promotion
A fictional app draws an “×” in the corner of an upgrade ad, but tapping it opens the purchase page instead of dismissing the ad.
Individual HTML example · Interface interference
Sponsored result imitates an organic recommendation
A fictional marketplace gives a paid placement the same typography and ranking treatment as organic results, with “sponsored” hidden in a tooltip.
This is an original fictional comparison. It depicts no real business and is not a regulator finding, statutory category or legal safe harbour.
Sponsored result imitates an organic recommendation
A fictional marketplace gives a paid placement the same typography and ranking treatment as organic results, with “sponsored” hidden in a tooltip.
Top match for you. The paid placement looks identical to an organic result.. View top match. View sponsored offer
Sponsored placement. The commercial relationship is visible before the product claim and click.. View sponsored offer. View top match. Price, period and commitment, expanded: The price and material terms associated with “View sponsored offer” remain beside this choice.
Why the first version can mislead: The presentation changes what the user can notice or predict at the pricing decision. The problematic state shows: “The paid placement looks identical to an organic result.” Its influence should be tested by comparing the consequence and usability of “View top match” with “View sponsored offer”. A shopper may treat commercial placement as an independent relevance judgment.
What a fairer design does: Label advertising at first exposure and keep the commercial marker visible beside the result and action.
Show annotated differences (4)
Potentially problematic version
- The paid placement looks identical to an organic result.Why this state matters: The presentation changes what the user can notice or predict at the pricing decision. The problematic state shows: “The paid placement looks identical to an organic result.” Its influence should be tested by comparing the consequence and usability of “View top match” with “View sponsored offer”. A shopper may treat commercial placement as an independent relevance judgment.
- View sponsored offerReview prompt: Do “View top match” and “View sponsored offer” receive comparable prominence and explain their consequences before activation?
Neutral alternative
- The commercial relationship is visible before the product claim and click.Fairer design: Label advertising at first exposure and keep the commercial marker visible beside the result and action.
- Price, period and commitment, expanded: The price and material terms associated with “View sponsored offer” remain beside this choice.Review prompt: Place the compared prices, billing periods and material terms on one evidence sheet; where does it support “The element's commercial or actual function is not apparent before interaction”?
Review questions (3)
- Do “View top match” and “View sponsored offer” receive comparable prominence and explain their consequences before activation?
- Place the compared prices, billing periods and material terms on one evidence sheet; where does it support “The element's commercial or actual function is not apparent before interaction”?
- What neutral rendering or comprehension result would falsify the classification, particularly in light of “Effectively labelled advertisement distinguishable before interaction”?
Complete practice context
How this example relates to Disguised advertisement or action
A promotional or biased action is presented as ordinary content or as a different control, causing interaction under a mistaken understanding. This is a design and research taxonomy for learning and evidence review, not a statutory offence label or an automatic finding that an interface is unlawful.
The full guide explains inclusion and exclusion criteria, potential harms, fairer design, evidence questions and separate Australian legal information layers. The example page isolates one scenario so it can be shared and discussed without reproducing the complete library on one page.
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Sources and provenance for this example
Evidence base
Sources
- Dark commercial patternsOrganisation for Economic Co-operation and Development · Secondary · checked 2026-09-14 · OECD Digital Economy Papers No. 336
- Competition and Consumer Amendment (Unfair Trading Practices) Act 2026Federal Register of Legislation · Primary · checked 2026-09-14 · C2026A00064