Most people are surprised to learn that Britain has a law about hypnosis. It is not about therapy. It is about entertainment. For more than seventy years, anyone wanting to put on a hypnosis show in a public place has needed permission.
Why the Act was passed
Stage hypnosis was hugely popular in the years after the Second World War, with shows touring theatres up and down the country. Concern grew about the welfare of volunteers.
Matters came to a head after an incident involving an American stage hypnotist performing in Brighton. A young woman who had taken part in his show became unwell afterwards and sued. The case, and the press coverage, prompted Parliament to act.
The result was the Hypnotism Act 1952, described in its own words as an Act to regulate the demonstration of hypnotic phenomena for purposes of public entertainment.
What it says
The Act is short. Its main provisions are these.
Permission is required. In England and Wales, a public performance of hypnotism for entertainment may not take place without the authorisation of the local authority. The council can attach conditions.
No under-18s as subjects. It is an offence to hypnotize a person under 18 at such a performance. (The age was originally 21 and was later lowered.)
Penalties. Breaking either rule is punishable by a fine, currently up to £1,000.
An exemption. The Act does not apply to demonstrations of hypnotism for scientific or research purposes, or for the treatment of mental or physical disease.
That last point is important. The Act says nothing about hypnotherapy.
The 1990s review
In the early 1990s there was renewed concern after several widely reported cases in which people claimed to have suffered harm following stage shows. One involved a young woman who died some hours after taking part in a performance; an inquest recorded death from natural causes, and no link with hypnosis was established, but her family campaigned for tighter rules.
The Home Office set up an expert panel to review the evidence. It concluded that there was no significant risk to participants that would justify a ban, while recognising that a small number of people might experience adverse effects. In 1996 the Home Office issued a circular with revised model conditions for councils to attach to authorisations.
The model conditions
Local authorities generally adopt conditions along these lines.
Before the show
- The hypnotist must apply in advance, giving details of the performance
- Public liability insurance is required
- Publicity must state that volunteers must be 18 or over and can refuse to continue at any point
During the show
- No one under 18 may take part
- Volunteers must not be pressured, and anyone who seems unwilling, or under the influence of drink or drugs, should not be used
- Certain things are prohibited, typically including:
- suggestions involving age regression
- suggestions that a participant has lost something, such as a body part, which could cause distress
- demonstrations of rigidity in which a person is suspended between supports
- eating or drinking anything harmful
- anything likely to cause harm, anxiety or distress
- anything indecent or offensive
- The hypnotist must remain present throughout and must not leave participants unattended
After the show
- All hypnotic and post-hypnotic suggestions must be removed from every participant, and from the audience
- The hypnotist must remain available afterwards
- Participants should be told how to get in touch if they have concerns
Details vary from council to council.
What the law does not cover
Hypnotherapy. There is no law in the UK regulating who may practise as a hypnotherapist. The title is not protected. Regulation is voluntary, through accredited registers.
Private events. The Act concerns public entertainment. Performances at private functions may fall outside it, though councils and venues differ in their approach and other laws still apply.
Online and broadcast hypnosis. Broadcasting rules restrict demonstrations of hypnosis on television so that viewers cannot be affected, but that comes under broadcasting regulation, not the 1952 Act.
Scotland and Northern Ireland have their own arrangements for licensing.
Is stage hypnosis dangerous?
For most volunteers it is harmless fun. Research and the Home Office review suggest serious problems are rare. But some people do report unpleasant after-effects:
- Headache, dizziness or tiredness
- Feeling embarrassed or humiliated afterwards
- Anxiety or low mood
- Occasionally, physical injury from a fall or a strenuous stunt
People with existing mental health problems, or a history of trauma, may be more vulnerable. A stage hypnotist knows nothing about a volunteer’s background. That is the main difference from a clinical setting, where a history is taken first.
If you are thinking of volunteering
- You can say no, at any time, including halfway through.
- Do not volunteer if you have been drinking.
- Think twice if you have a mental health condition, epilepsy, a heart problem, or back or neck trouble.
- Remember it may be filmed and shared.
- If you feel odd afterwards, speak to the hypnotist before you leave, and see a doctor if it persists.
If you are putting on a show
Contact the licensing department of the local council well in advance. Check their conditions, your insurance and the venue’s requirements. Performing without authorisation is an offence, and the venue may be liable too.
The wider picture
It is an oddity that Britain regulates hypnosis as entertainment but not as therapy. Someone needs council permission to make volunteers believe they are chickens for an evening, but none to set up a clinic treating anxiety. That is a reason to check a hypnotherapist’s training and register for yourself.
The bottom line
The Hypnotism Act 1952 requires council permission for public hypnosis shows and bans the use of under-18s. Model conditions add safeguards for volunteers. It does not touch hypnotherapy, which remains unregulated by law.
This article is a general summary and is not legal advice. Check current requirements with the relevant local authority.
Next in the series: Do Subliminal Messages Work? The Truth About Hidden Suggestions
This article is for general information and is not medical advice.