He is presenting himself as someone who can commune with the dead.
Making a claim he knows to be false does not by itself constitute fraud in the legally-actionable sense. More is required. But if we're not going by the legal standard, then I agree a common-sensical label of fraud could easily be applied.
He makes no disclaimers on his show that it’s “for entertainment only.”
Such a representation would need to be made only to prospective participants. And while the language "for entertainment purposes only" appears in the boilerplate that many mediums use, it does not strictly have to appear. It's just a shorthand that covers a lot of ground amounting to "Don't take this seriously." To apply for a private reading with Tyler Henry, you previously had to agree to a sort of terms of service which was disclaimed out the wazoo. It boiled down to his not being responsible for the consequences of any advice he gives, your understanding that he's not qualified to give advice that would ordinarily require licensure, your not taking his claims as complete, accurate, or reliable, and his not promising to meet any expectation you might have. That latter part means that if you expected to commune with dear departed Aunt Gertie, and instead just got a redux from the PI's report, you had no basis for a legal claim. If he required that agreement before, it is reasonable to suppose he requires it now from the people he reads on his show.
Therefore he is perpetrating a fraud. So is his production company and E!.
While IANAL, it is fairly easy to look at the elements of legally-actionable fraud and test them informally against this scenario. Here are the elements of it where I live, in Utah.
- A statement must be made which is (a) factually false, (b) known to be false by the person making it, or made with reckless disregard for the truth, (c) about an important fact.
- The alleged fraudster intended that the person(s) to which the statement was made would rely upon it.
- The person reasonably relied upon it.
- The person suffered damages as a result of relying on the statement.
To prevail in court, these generally have to be argued particularly. This language is abridged from Utah's civil code, so the standard of proof is preponderance of evidence.
Now in the case of the person Henry is reading on the show, we presume his former standard disclaimer applies. Element 2 is clearly precluded by the terms of service. Element 3 is mostly precluded, because a reliance that ignores all the warnings in the terms of service is not reasonable. Since you have to prove all the elements, the claim would fail.
And if the celebrity appears as a contracted appearance, that sidesteps the notion of fraud altogether. The celebrity agrees to participate in what is essentially a theatrical performance.
The viewers of the program probably wouldn't have standing to bring action, because the particularity requirement defeats it.
If I watch a television show where Person A pretends to contact the deceased father of Person B, and I am not personally associated with either A or B, then the deception fails to be about an important fact. I'm merely a spectator. I have no dog in the fight -- dead or alive. I may be intensely interested, but I imagine that has a limited legal effect and would run afoul of various reasonableness tests.
In some jurisdictions, pleading intent can be done generally. I don't have to prove that E! intended specifically that I, JayUtah, rely upon claims made by Tyler Henry. It's exempt from the particularity requirement. I can just prove a state of mind generally. But the general state of mind I would have to prove is that E! intended its viewers to
rely upon the claim that Henry really talks to the dead, to the effect that legally cognizable damage occurred. "Relying" upon the claim simply to make time to watch the show, for example, doesn't count.
I would also have the burden to prove that reliance upon supernatural claims -- made on a network that bills itself as entertainment, gossip, and so forth -- was in fact reasonable. That doesn't sound easy. Compare that to a false evacuation order broadcast on television under a well-known news organization banner. That would be a better example of reasonable reliance that would approach fraud.
As a viewer, there are only a limited number of ways I can sustain legally cognizabale damage as a reasonable consequence of reliance upon Henry's claims of necromancy. The claim "I can speak to the dead" is legally different from the claim "I can speak to
your dead father" in terms of particularity. In the hypothetical case of the evacuation order, damage to my property or injury to my person incurred during a hasty (but unnecessary) flight from the city would be legally cognizable damages. Under Utah law I could also recover for emotional distress, but as a separate cause of action not covered by fraud.
I think you'd have a hard time proving fraud here, but it certainly
seems like fraud.