From Dress-Up Games to Legal Questions

Introduction : As a child, I was always fond of games that involved makeup, fashion, cleanliness, or cooking. I enjoyed them so much that I started downloading these apps when I was just 12–13 years old. At that age, I often felt that these games were like an escape mechanism where I could change physical appearances and do whatever I wanted with a character’s body. Through them, I even learned which makeup product is applied where.

This was quite surprising for my mother. She noticed that I had become more concerned about my looks and appearance, almost as if I was trying to imitate the women I saw on the screen. It worried her, and she wondered where I was learning all of this from. When she eventually found out about the games, she spoke to me calmly and tried to explain what real life actually looks like.

Now, as an adult reflecting on that time, I feel there should be some boundaries to keep such content out of younger siblings’ reach. Games like these can have certain harmful effects not only on individuals but also in terms of how companies design them and how laws might need to respond.

These games give exposure to an inappropriate agenda (where the woman is getting ready just to show others), changing yourself for your betterment might be a good option for you but getting influenced by these types of realities is an alarming factor.

While beauty and cleaning games are widely played by children, they also give rise to important legal issues that need careful attention;

Child Safety and Data Privacy Concerns

When someone installed these types of games it requires various login activities which includes age, device details, gameplay behaviour, and user preferences which a child of 12-13 years can fill by themselves without their parents control or consent. It includes your personal details and keeps asking for the other details whenever you are increasing the level of the game.

In India, the Information Technology Act, 2000  Additionally, the  Digital Personal Data Protection Act, 2023 they give us the right to use the data carefully and protect us from various other problems and make us the responsible handlers of the information which provides the legal framework for regulating these platforms and addresses our various cybersecurity related Issues.

When these young users get involved in this kind of environment or games available online it becomes more alarming for the same because the minors must ensure the parental consent for the same and it needs transparency of the usage of the data and also the safeguards which is against the misuse.

Consumer Protection and In-App Purchases

The other important concern arises from the in-app purchases within the app which requires you to buy certain tools in order to proceed with the game. Theses game labelled as a “free” application but they are not they often ask in between to buy us something from the games which are the premium makeup items, styling tools and other fashion accessories which young users usually like because they want to win that game at any cost or they ask for money if there are any other upgrades. Children intentionally or unintentionally buy those upgrades and it get paid by their parents because payment details are already linked to the devices another reason for this problem is that I used to think $5 as 5 rupees because I was not aware of the dollar/rupee concept and I just nag my mother for the same that its just 5 rupees let me buy it, then I got to know that this is something different, these practices raises some serious concerns for the same because it causes unfair trade practices which governs under The Consumer Protection Act, 2019 which protects us from these kind of misleading digital services. Under this law, all the apps and the platforms must ensure that it doesn’t practice any kind of hidden costs, manipulative game mechanism and any other things.

Advertising, Beauty Standard, and Intellectual Property in Games

These beauty and makeover games and also games which needs cleaning house which provide interests in the young user to use them and they idealized the perfect appearances which requires flawless skin and facial features which were perfect they uses a similar kind of product and the exact same name products in their games to make it look more worthy of playing the same because a 13 year old can think that these products are those which she seen on the Screen and have the knowledge that these products are the best ones. 

These visuals of the same product may seem okay to them but it causes greater harm to the actual company. In India, The Advertising Standards council of India,1985 regulates the same because it includes the advertisement of the product placements it govern under both the Intellectual Property Law & The Advertising Standards Council of India they ensures that advertisements directed and use of the similar product from the games and influences the children follows the guidelines which was given under it which are not misleading and they have to ensure that the Ads which were shown by them follow the responsible marketing standards. 

Another issue which needs to be resolved is they impersonate the celebrity there looks or any other products without the authorization for the same under the Copyright Infringement, the use of brand, their logos and celebrity Personality causes serious issues in Impersonation emerging conflicts.

Conclusion

These games seem like a simple entertainment purpose for the children but it causes many hazardous mental elements in their minds because it causes their safety, privacy, consumer protection of their parents and also the matter related to intellectual property because they use the same brand products. Since these games targets the young users there are certain problems which arises from that such as data-collection, financial thing because its an in-app purchases, and unrealistic standards of beauty and physique, Although various laws addressed them  and they provide us the legal remedy but still the growing need of a mobile phones games and associates it with the children causes certain other matters. Some clear rules and strict permissible limits to this will create a better option for the same and give them a better connected environment.

Author: Tanu Trivedi in case of any queries please contact/write back to us via email to content@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney

References

1. Digital Personal data protection Act,2023.

2. Information Technology Act, 2000.

3. The Consumer Protection Act, 2019.

4. The Advertising Standards Council of India,1985.