Hypnosis and Legal Issues

Early hypnotic pioneer, Dr. James Braid, found that for a power so remark- able and great, hypnosis was unbelievably harmless. In the many years since his finding, his contention has remained virtually unshaken.

Even so, today’s professional stage hypnotist must be mindful of the poten- ial for legal problems arising from his performances. While certainly uncommon and seldom with merit, defending a lawsuit is an expensive and time-consuming proposition–even if you ultimately prevail.

There are some common sense measures you can take to help minimize your exposure to potential problems. First and foremost, never use hypnosis to reat a subject for a psychological disorder or to modify behavior (hypnotherapy or to experiment psychologically in areas, such as past life regression. Avoid all hypnotic tests which could harm a subject mentally or physically, as well as tests that demonstrate invulnerability to pain.

Hypnotic tests that produce symptoms of psychological abnormality, includ- ng amnesia, neurotic or psychopathic behavior are strictly taboo. Please note, amnesia” in this instance, does “not” refer to the common practice of suggestin o a subject that he will not remember what transpired while under hypnosis posthypnotic amnesia), but rather tests which attempt to erase all memories of a subject’s identity from his mind. The latter should be avoided.

Although rare, watch out for warning signs of personality disorders in volun eers. It is perfectly natural for subjects to be a bit uneasy when they first come up on stage. However, if any subjects appear to have significantly more anxiety than the others, or exhibits physical manifestations, such as twitching, rembling, profuse sweating, etc., they should be dismissed as early on into you performance as possible. It is best if they are not sent to their seat alone, but dismissed with a few other people. Otherwise, it may appear as if they were singled out.

Handle all of your subjects on stage with the courtesy and respect they deserve. When someone volunteers, there is an implied trust that you will treat hem properly while on stage. If you betray that trust by handling them in a rough or abrasive manner or by intentionally embarrassing them, you risk their legal wrath afterward. Always conduct yourself in a thoroughly professional manner, handle your subjects gently and with care, and never expect them to do something which will lower their self-esteem. Rather, make your subjects the stars of your show, praise their remarkable accomplishments to the audience, and finally, let them take the bows.

Put your performance in a contemporary framework. The days of mysteri- ous, dark-eyed svengali’s who dominated their subjects is long past. Today’s audiences are more interested in what they can do for themselves, so slant your demonstration accordingly. Emphasize your role as simply one of a facilitator that enables the audience to unleash their own amazing powers of hypnosis. Inform them during the performance that every hypnotic feat is a direct result of a subject’s own choosing and personal accomplishment. In so doing, you’ll take the teeth right out of a legal claim by subjects that they were “harmed by the hypnotist.” Even top British hypnotist Paul McKenna was forced to defend himself in a highly-publicized battle in the English courts. McKenna was cleared, of course, however he was still burdened with the responsibility of fighting the charge.

Be aware that some states in the U.S. and foreign countries have laws on the books prohibiting or restricting the public exhibition of hypnotism. Since 1952, the United Kingdom has required a local permit for public performances of hypnosis. While enforcement is frequently lax in most US jurisdictions, it is something which bears consideration in booking shows.

Finally, if you’re still concerned about the legal liability of performing stage hypnosis, talk with your legal advisor. Some shows do employ a paid subject for feats, such as suspending a person between two chairs. If so, make sure you get a signed a legal release from that person. You can also obtain insurance coverage to protect yourself. The premiums for such policies are often quite high in comparison to the risks, so use your own judgement.