Tesla Sue Top Gear

Apr 07, 2011 00:04

Stupidly expensive electric sportscar maker Tesla are suing the BBC for defamation for a bad review their car got when they tested it back in 1998.

Tesla's CEO Elton Musk, (whose name makes me think of a James Bond villain.) Says it's all fucked up. Musk's other business involves building big rockets, a la Hugo Drax. (See what did I say?)

The UK has some very strict Libel laws as the burden of proof is on the defendant (the BBC).
Well it works both ways. Both the regulators and the broadcasters are very tight on factual accuracy. If something is stated as a fact and is wrong the regulator can and does fine channels over accuracy or right to respond.
The BBC's Producers' guidelines and indeed those of any other broadcaster (BBC make and boradcast top gear) state that everything that is said or implied to be a fact has to be researched and documented. These notes are all kept on file. I remember doing this for work experience. Turns out Adelle penguins are complete whores.

In any case what you usually do is file the complaint with Ofcom (the regulator) and if you're not happy then think about suing.

Therefore expect BBC to respond with the defenses of Justification (if it's substantially true) and fair comment. Fair comment can be a little shaky, though (see BCA vs Singh). The court must also decide what statements are defamatory and hurt Tesla's reputation.

From where i'm sitting it's easy to wonder what leg Tesla think they can stand on. It seems they've started this lawsuit to gain publicity and will quietly drop it later. 
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