Psychics and the Law (Keyboard Friends)

Title: Psychics and the Law

Tomdog - March 13, 2012 01:35 PM (GMT)

When Psychics advertise their shows as entertainment do they do so to skirt around this particular law? It says any factual claim made for commercial purposes must be backed up with evidence. Obviously the Psychic can't do this in any meaningful way, but as the shows are labelled entertainment it removes the requirement. I'm sure the Psychic doesn't actually want the audience to believe the disclaimer, but it keeps them out of legal trouble.

QUOTE

Evidence as to factual claims

27. After section 218 of the Enterprise Act 2002 insert—

“218A Unfair commercial practices: substantiation of claims

(1) This section applies where an application for an enforcement order or for an interim enforcement order is made in respect of a Community infringement involving a contravention of Directive 2005/29/EC of the European Parliament and of the Council of 11

May 2005 concerning unfair business-to-consumer commercial practices in the internal market.

(2) For the purposes of considering the application the court may require the person named in the application to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of that person if, taking into account the legitimate interests of that person and any other party to the proceedings, it appears appropriate in the circumstances.

(3) If, having been required under subsection (2) to provide evidence as to the accuracy of a factual claim, a person—

(a) fails to provide such evidence, or

(B) provides evidence as to the accuracy of the factual claim that the court considers inadequate, the court may consider that the factual claim is inaccurate.

(4) In this section “commercial practice” has the meaning given by regulation 2 of the

Consumer Protection from Unfair Trading Regulations 2008.”.

http://www.legislation.gov.uk/uksi/2008/12...20081277_en.pdf

sherry - March 13, 2012 02:07 PM (GMT)

In the past I have been to a few medium demos and before they start they make acknowledgement of that declaration but add that they only do so as they're required to by law. I would say most of the people who go understand it and are happy to use their own judgement one way or the other.

Ron55 - March 13, 2012 06:11 PM (GMT)

Before the start of each Most Haunted programme, the continuity announcer would say something along the lines of

This program is for entertainment only.

I would imagine the same sort of thing applied here too.

And, I would imagine that because there so many ‘no win, no fee’ companies out there willing to jump on the ‘I’ll sue them for that’ bandwagon, they have to make sure they are legally covered.

:)

zombie444 - March 13, 2012 10:37 PM (GMT)

The message in the declaration is that it's not a serious scientific investigation..The rest is the usual points of view.It by no way implies that it's play acting which some people interpret as

Ron55 - March 14, 2012 09:01 AM (GMT)

QUOTE (zombie444 @ Mar 13 2012, 10:37 PM)

The message in the declaration is that it's not a serious scientific investigation..The rest is the usual points of view.It by no way implies that it's play acting which some people interpret as

I can go with that. :)

Rusty Bullet - March 14, 2012 11:24 AM (GMT)

QUOTE (zombie444 @ Mar 13 2012, 10:37 PM)

The message in the declaration is that it's not a serious scientific investigation..The rest is the usual points of view.It by no way implies that it's play acting which some people interpret as

Like you say, people will infer it, which has some weight when psychics shun scientific testing.

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