The Myth Of The Psychic Disclaimer

You might have noticed that “psychics” advertise their shows (in the UK, anyway) with a disclaimer, the wording of which will usually say that the performance you are paying to see is “for entertainment only,” and should be regarded as “an experiment,” because the nature of the presentation “is considered controversial by some.”

Such a disclaimer for psychics is quite new, and has only been common since the Fraudulent Mediums Act of 1951 was repealed. Since then, psychics have to be wary of The Consumer Protection From Unfair Trading Regulations 2008, which puts psychics in the same category as double glazing salesmen and any other trader. In short, the claims made by the person concerned should be fair, honest, truthful, etc. If you are paying money for goods or services, you are entitled to get what you pay for.

Although some disclaimers in business are fair, in that they give customers honest information, some can be unfair and possibly illegal. A car servicing business, for example, that crashes your car cannot escape its obligation to take reasonable care of your property by having a notice on display saying that they do not accept responsibility for any damage they cause.

When it comes to psychics, I have to ask myself: if they really can contact the dead, why do they need a disclaimer anyway? Surely you would think something was wrong if your dentist had a notice in his surgery informing you that your scheduled root canal surgery is “experimental” and “purely for entertainment.”  No, you expect him or her to be suitably qualified and experienced, and not relying on disclaimers. He is already fully trained and regulated by a professional body that exists to maintain professional standards.

That’s not the case with psychics, not least because no one has ever proven the existence of an afterlife, much less the idea that the dead can communicate with the living. Psychics do not have to prove their alleged abilities to an official regulatory or professional body (there aren’t any of course), so the only protection ordinary consumers have is through the law.

But let’s be clear about something here – although some psychics claim that they are required to display a disclaimer because of “the law” or “the regulations,” there is no such requirement at all:

Psychics are not required by law to have a disclaimer.

The purpose of a psychic’s disclaimer is to protect that psychic from being prosecuted for providing a service that is not real (even if a psychic honestly believes they can contact “the other side”). By saying that a disclaimer is displayed because of the regulations or the law, they give the false impression that they have no choice legally but to have a disclaimer. I’m finding it more and more common that supporters of psychics do believe that they have no choice in the matter. “Psychics have a disclaimer because that’s the law,” is a phrase I am hearing more often nowadays, but  it is not true.  

No psychic has a legal obligation to display a disclaimer of any kind regarding their claimed abilities, any more than a heart transplant surgeon has to have a disclaimer in the operating theatre telling his patients they are there “for entertainment purposes only.”

A psychic cannot be prosecuted for “Failure to have a disclaimer.”  

No, I don’t buy it. The reality is that if psychics didn’t bother with their disclaimers, then there would likely be a flood of complaints to consumer protection departments around the country. They would be required to prove their claims or be prosecuted, but as we all know, there isn’t a psychic in the world who has ever proven they have powers over and above the power of wishful thinking. I don’t think a Trading Standards officer, or a court of law, is going to be converted to a belief in the paranormal by a psychic,under oath, gushing the usual, “I’m getting a “J” or a “J – sounding” name; does that mean anything to you?”

It’s quite simple, really, a genuine psychic would have no need for any disclaimers, yet they use them as a shield to protect themselves from prosecution because they know that without it they would be facing fraud charges in a court of law – and that, I think, is the only predictive power they have (which doesn’t need any paranormal ability at all).

My own opinion is that any psychic who displays a disclaimer is also someone who admits that they know they could not pass an objective test of their professed paranormal abilities. The famous psychics almost always refuse the many challenges that are out there to be objectively tested; the few who have, have failed and then vanished into obscurity; some lesser-known psychics have failed such testing and then later rationalised their way out of their failures but are still in business, and some unknowns have tried to beat the statistical odds and failed miserably but without having anything to lose by trying.

How nice it would be if a psychic’s disclaimer could say something like:

This show is for entertainment purposes only, and I’m telling you that because if I didn’t,  I could be prosecuted, fined, possibly jailed and be shown to be a complete and utter fraud who has been demonstrated to be a heartless conman/woman who has no scruples about ripping off gullible (and often very vulnerable) people without compunction and worse than that, I could lose a lucrative income because of it even though I think that I might be genuine in my belief that I can communicate with the dead, but if I’m not a fraudster then I am at least just a deluded but well-meaning person who thinks I can put you in touch with your deceased loved ones, which gives me genuine satisfaction as I think about it when I drive back to my luxury home in my luxury car, paid for by you, my followers, some of whom have paid money you can’t really afford, to hear me tell you, in all honesty on my part, that I really believe I got the letter “J” and it was meant just for you.

Please note: no one claiming to have psychic abilities has ever passed an objective, scientific test of their claimed paranormal powers (including me) and I refuse to undertake any such test, so if I give you statements from your deceased loved ones that contradict what you know about them, then keep in mind the fact that you have already been told that you are here to be entertained, not that you will be given accurate information from the “other side” (whatever your own interpretation of that means, but that’s up to you and has nothing to do with me).

If psychics are real, there is no need for a disclaimer, and there is certainly no legal requirement for those people to use one if they can really do the paranormal feats they claim. So why do they use them?

If there really were a law that insisted that psychics, mediums and all the rest of them had to have some kind of notice presented at their shows, I think it should read something like:

No one who claims to have psychic abilities has ever proven that their claims are real; there are, however, many purported psychics who have been demonstrated to have been frauds, and some of those have been jailed because they have defrauded innocent people. You are paying money to see someone who claims to be able to put you in touch with your deceased relatives, but who has not proven their so-called paranormal abilities in any objective sense. If you are dissatisfied with the service you have paid for, please telephone [the number of the local Trading Standards office] who will be happy to take up your complaint on your behalf. You might be entitled to substantial compensation after the subsequent legal proceedings.

That’s more like it. That’s what I call consumer protection! And even better than that, not a single psychic has made any comments on this post before it went live. How do you explain that? Eh? Eh?

To put it bluntly, if the paranormal were real then it would be an accepted part of science, regulated in the same way as science-based medicine is recognised. Psychics would have to undergo rigorous training followed by stringent exams, after which they would be licensed to practise by an accredited regulatory body that would constantly monitor their performance (not their “performances,” maybe). Their right to continue working would be dependent on their tested and proven ability, not a disclaimer.

Some people, unfortunately, make life-changing and sometimes personally destructive decisions based on what they are told by some psychics. If a doctor is negligent and causes harm, then there is at least some recourse to be had through the doctor’s professional body, and sometimes a doctor could be prosecuted for malpractice – maybe even jailed for it for disregarding his training and legal obligations to his patients.

That’s not the case with psychics. No training, no exams, no accreditation, no accredited professional body, no accountability, no responsibility, but lots and lots of money to be made. If you come to harm by following any advice given to you by a stage psychic, just remember that the advice they gave you that you followed was provided as part of a stage show you attended in which you implicitly agreed to absolve the psychic from all personal responsibility whatsoever.

Nice work if you can get it –  just display a disclaimer and the law can’t touch you.

Maybe it’s time for a new campaign – a campaign to make it illegal for anyone to make money from their claim to be a psychic unless they prove they can do what they say they can do. You can’t set yourself up as a doctor, gas fitter, lawyer or a host of other professionals without validation, so I think it’s about time the same thing applied to anyone who claims to talk to the dead (and get them to talk back, of course). And – like any other real professional person – no disclaimers allowed.

___________________________

Bad Thinking Disclaimer – The advice given on this blog is based on logic and rational thinking. If you disagree with anything posted here, then you are probably wrong. Read this blog at your own risk. The author accepts full responsibility for any reader who, after studying its contents, converts from Bad Thinking to rational thinking.

One last thought: it’s OK to ridicule something that happens to be ridiculous. I found this illustration on Twitter; unfortunately, there doesn’t seem to be a way to find its origins so I can’t offer full credit. Nevertheless, it’s so funny I’ll republish it here and see if the author wants to be credited, which I don’t mind, of course. (I think it was meant for as wide a publication as possible anyway.)

IMG_20141028_180031

 

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3 responses to “The Myth Of The Psychic Disclaimer

  1. Well written article. But, I’m a little confused. The disclaimers that these psychics and faith healers use are not required by law? In particular, Fake faith healer John of God was just in Australia2014.

    http://www.smh.com.au/nsw/controversial-brazilian-faith-healer-john-of-god-visits-sydney-20141122-11rrty.html
    Here is a newspaper article saying …”Earlier this month NSW Fair Trading sent a letter to event organisers Global Spirit Event Services Pty Ltd raising concerns about the content of the website, which a spokesperson said could be in breach of Australian consumer law. As a result, a disclaimer was added:…”
    Maybe it’s me, but it could be like you stated: The fakers are making it seem like they are required to make a disclaimer against their own wishes!

    Here’s the John of God Disclaimer, which actually states the HE does nothing in the way of healing and he magnanimously recommends the sick to a licensed medical doctor.
    http://www.johnofgod-sydney.com.au/
    Disclaimer
    In light of recent media coverage that incorrectly attributes many claims to John of God we are obligated to communicate the following information to you in order to legally clarify your participation in and our offering of the John of God event in Sydney Australia between 22nd and 24th November 2014 at Sydney Showground, Sydney Olympic Park. John of God has always stated that he does not heal anyone. We understand healing to be an act of God. Neither John of God nor the organizers make any promises or guarantees expressed or implied with respect to any results, cures or any other claims as a result of attending the Event. Furthermore, the work of John of God is purely spiritual in nature and it is not intended to replace traditional medical treatment. Spiritual healing work is complementary to traditional medical care. John of God advises you to seek professional medical advice from a doctor or health professional if you have any health concerns. John of God also asks that you follow your doctor or health professional’s advice and the protocols prescribed by your doctor or health professional. If at any point any instruction given to you by John of God or the organizers of the Event conflict with your doctor or health professional’s advice, please follow your doctor or health professional’s advice.”

    Like

  2. Lakishajohnson,

    Thanks for raising your point.

    There’s an important issue at stake here. I don’t know anything about the law in Australia, but it might be the same as here in the UK, in that advertising cancer cures is illegal.

    Your fair trading department sent a letter “raising concerns,” which is not the same as saying that John of God was “told to add a disclaimer” to make it alright to claim he can cure cancer. As a result, he then added a disclaimer that included the suggestion that he is “obligated” to do so. But I think that is very misleading. As you point out, he now appears to be claiming to do nothing at all himself, and he is also telling people to consult actual doctors about their medical conditions.

    That is just a cop-out to avoid prosecution. His “treatments” are now just “complementary” to real medicine? Something else that is complementary to medical treatment is genuine counselling that is often available for people who have found out they have a terminal illness, but which is legal and never advertised as any kind of cure, and needs no disclaimers.

    Unfortunately, the people who are going to see this character are desperate and vulnerable. They don’t care about disclaimers, they are clutching at straws in the face of death. It’s said that John of God never charges money for his “services,” but he does seem to accept “donations,” which is still money, whichever way you look at it.

    “Psychics” can charge money and get away with what they do by using a disclaimer saying that their stage show is “entertainment only,” but as I said in my post, a real doctor or surgeon could never get away with that, otherwise anyone could pretend to have medical expertise they do not have.

    When lives are at stake, it’s a game-changer.

    Liked by 1 person

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