Saturday, 21 March 2009

Mediumship - The Consumer Protection from Unfair Trading Regulations 2008

Britain's 1951 Fraudulent Mediums Act was repealed and replaced by the EU Unfair Commercial Practices Directive, which came into force on May 26, last year.

Under the old legislation, the prosecution had to prove that a medium or spiritual healer had intended to be fraudulent in order to secure a conviction. However, under the new European consumer protection directive, it is the psychic's responsibility to prove they did not mislead or coerce credulous consumers.

The legislation affects all businesses which conduct any form of sales and marketing. For example, unfair practices which involve fraudulent activity, aggressive or threatening behaviour or danger to the physical safety of consumers, should be capable of being tackled using criminal powers.
"The problem is that it's turning spiritualism, the religion, into a consumer product, which it is not," said Carole McEntee-Taylor, the founder of the Spiritual Workers' Association.

She went on: "The Fraudulent Mediums Act protected the medium because it meant the person receiving the information was taking personal responsibility."

However, the unbelievers at the British Humanist Association are welcoming the change.

"We hope that the new regulations will make real changes to the current situation, where psychic practitioners are permitted to make completely unsubstantiated claims and to take payment for their services, without fear of legal action," said its chief executive, Hanne Stinson.

Susie Collings, of the College of Psychic Studies, hoped the new rules will discourage "less than ethical" mediums and make it easier for the public to understand what to expect from a reading.

However, she predicted: "There is always the possibility that mediums will be targeted by people intent on making money by suing what they see as easy targets and that is a big concern for the individual."

Fortune tellers, mediums, tarot readers and astrologers are among those who now face new rules on the way they do business. The new Consumer Protection Regulations which came into effect at the end of May 2008 have shaken up an area of the law untouched for 40 years and will mean a fairer deal for customers as loopholes are closed and 31 types of sales practices are banned.

Those offering to read palms and tea leaves plus faith healers, mediums and anyone offering other 'mystic' services will have to advise customers that their services are for 'entertainment purposes only' and are 'not scientifically proven'.

For the past half-century, 'genuine' mediums have been protected by the 1951 Fraudulent Mediums Act (which, spookily, replaced the 1735 Witchcraft Act.). In relevant cases, the onus will now be on mediums to prove they did not mislead, coerce or take advantage of any 'vulnerable' consumers.


Details of The Consumer Protection from Unfair Trading Regulations 2008 can be found here or here


Excerpts taken from Telegraph.co.uk and Consumer Champion articles)

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