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Tesla Sues BBC's Top Gear For Libel

thecarchik writes "About two years ago BBC's Top Gear aired a test drive of the then relatively new Tesla Roadster. In the particular episode, Tesla Roadsters are depicted as suffering several critical 'breakdowns' during track driving. Host Jeremy Clarkson concludes the episode by saying that in the real world the Roadster 'doesn't seem to work.' Tesla claims that the breakdowns were staged, making most of Top Gear's remarks about the Roadster untrue. Tesla also states that it can prove Top Gear's tests were falsified due to the recordings of its cars' onboard data-loggers. What's Tesla asking for in the lawsuit? Tesla simply wants Top Gear to stop rebroadcasting the particular episode and to correct the record."

27 of 547 comments (clear)

  1. FIRST LAWSUIT! by Chas · · Score: 4, Insightful

    This may or may not be an uphill battle for them.

    Under track conditions (with one of those jackasses pushing the pedal to the floor), yeah, the mileage on the Tesla is probably going to be atrocious.

    As for the rest, not sure who exactly takes Top Gear seriously. It's a fun show, but I don't really look at it for good car facts. Nor should anyone else.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:FIRST LAWSUIT! by harlows_monkeys · · Score: 5, Informative

      The dog accelerates to top speed very quickly. Using the speed you give for the dog (45 MPH) and assuming 1 second to reach top speed, the dog could do a straight quarter mile in under 21 seconds.

      According to Mazda, an MX5 can do a straight quarter mile in just over 15 seconds.

      Now change it from a straight course to an oval. The dog is likely to get much better traction in the turns, so won't have to slow down as much as the car does. The dog slows down quicker when it needs to, and gets back up to speed quicker. Net result is the car is going to lose significantly to the dog in and around each turn.

      On the first straightaway the car may or may not be able to gain time on the dog. Since they start in the middle of the straightaway the car doesn't have a lot of time until the first turn. On the back straightaway it is room to gain time. Then coming out of the second turn it is another half-straightaway to the finish so may not be able to gain much.

      The net result is that the car is going to be slowed down more by the turns and the track conditions than the dog is. If the dog loses 40% due to turns and track conditions and the car loses 60% (both compared to what they can do in a straight quarter mile), the dog will win on the track.

    2. Re:FIRST LAWSUIT! by Hognoxious · · Score: 4, Funny

      It's a fun show, but I don't really look at it for good car facts.

      Exactly. That would be almost as stupid as looking for tech news on slashdot.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:FIRST LAWSUIT! by Nursie · · Score: 4, Insightful

      Clarkson is a twat.

      He's an opinionated, loudmouthed, immature cock. This makes him and his cohorts highly entertaining. And that's what top gear is, entertainment.

      Clarkson also writes for the papers and whilst he, very occasionally, says some of the sort of "nobody else is daring to say it so I will" stuff, most of what he says is tripe, IMHO.

      I still watch and enjoy top gear, it's funny and has fast shiny things. But I wouldn't consider much of what they do to reflect reality very well, not least because it's pretty bloody unlikely I'll ever drive (let alone own) one of the shiny things they play with. And any time he goes off-message from light entertainment and petrol and starts giving opinions (especially if globabl warming is involved in said opinions) it breaks the mood and just annoys me.

      Right, there' s my two cents. I do also find it highly amusing that a british show about three muppets and some big engines is now one of the world's most popular tv shows!

    4. Re:FIRST LAWSUIT! by Alistair+Hutton · · Score: 5, Informative
      They sent a letter to the editor 2 years ago when the episode was first shown drawing attention to the Top Gear lies.

      The BBC keep repeating the episode with the lies intact so Tesla are going for the only avenue left open to them.

      --
      Puzzle Daze is now my job
    5. Re:FIRST LAWSUIT! by mcvos · · Score: 4, Insightful

      Sure, it's more entertainment than information, but outright lies about a car on their test track will have a very real impact on the sales by that car's manufacturer. It sounds like a valid lawsuit to me.

  2. Finally, a reasonable lawsuit by gman003 · · Score: 5, Insightful

    Between all the quadrillion-dollars-demanded-lawsuits and shut-down-everything C&Ds, it's nice to see a lawsuit that simply wants a little justice. No big demands, just a "stop lying about our product" and "say sorry". It even looks like they have a good amount of evidence, unlike many recent suits on /.

    Even if they turn out to be wrong, Tesla just got a small point of favor with me for that. It's kind of sad that "not being evil" is noteworthy in a lawsuit nowadays...

    1. Re:Finally, a reasonable lawsuit by jcombel · · Score: 5, Insightful

      being in a different country doesn't have much of a matter on it. it wouldn't even if tesla didn't market their cars in the UK - which they do.

      on your first point, apples and oranges. the prius bit was obvious comic exaggeration stating an opinion. the tesla bit isn't comic exaggeration, it is an alleged misrepresentation of facts. it wasn't the lawyers that decided whether or not to sue; it was the sales executives who got tired of hearing "the most-watched automobile program in the world said that your car breaks down, doesn't do what you're telling me it does, and the technology isn't up to real-world use. who is lying?"

      i agree with gp; it's nice to see a lawsuit that is "you are lying and costing me money, please stop," instead of "your product bears a similarity to my product, so now i have to sue you for godzilla dollars, lest i lose my patents."

    2. Re:Finally, a reasonable lawsuit by LordLucless · · Score: 4, Insightful

      "bad" is not equivalent to "factually incorrect"

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:Finally, a reasonable lawsuit by Anonymous Coward · · Score: 4, Interesting

      The car was probably on loan from Tesla, and after such a poor showing on the show Im sure the engineers were interested in figuring out why it underperformed.

      The car was theirs, they were trying to fix their car because they were told it had failed.

      Its like if you loan your laptop to your buddy, and he infects it with malware... you might just check the logs to see wtf he installed, and if it looked like he installed it on purpose you just might ask him to say hes sorry.

      Yes reverse car analogy.

  3. Home Delivery by Dr+Black+Adder · · Score: 4, Funny

    I think Tesla should drive over and deliver the lawsuit to Top Gear in person. Or perhaps they have tried already.....

  4. I remember that episode.. by ElScorcho · · Score: 5, Interesting

    It irritated me at the time.. they made the thing seem like a poorly-designed money sink that barely worked. It really makes me wonder, though, what would they get out of saying stuff like that if it weren't true? If Tesla has the records and they really did stage breakdowns and dead batteries, to what purpose? It's a show about ridiculously expensive cars that most of us ill never even see, much less drive. Tesla is definitely in that category, and considering the drooling they do over some pretty ridiculous (and ugly) cars.. why pick on them? They made plausible claims, mostly, but the one where they ran out of power after 55 miles I thought was weird. The others (overheating, brakes) could have happened, but there seemed to be a LOT of problems for what is basically a straight-from-the-factory Lotus with an electric drivetrain. (In the show they raced it against a Lotus, you can barely tell the cars apart without looking at the badges).

    Anyway, just makes me wonder if they made it seem like crap (assuming Tesla is telling the truth) in order to appease the old-school dream car companies so they'd keep sending them toys to play with, or maybe Tesla was being a pain in the ass and they wanted to tweak them, or if they just thought it's be funnier.

    --
    Evil will always win, because Good is DUMB
    1. Re:I remember that episode.. by Anonymous Coward · · Score: 5, Insightful

      Or it could be that Clarkson has such a big stick up his ass about "ecomentalists" that Top Gear will bash anything that doesn't burn fossil fuels, even if that thing is a sports car.

    2. Re:I remember that episode.. by WhitetailKitten · · Score: 4, Interesting

      Clarkson cultivates (at least on-screen) a hatred for electric cars and the entire eco movement as a whole. Never mind RVs and campers (or, in the UK, caravans). His entire media persona is a cranky outspoken old fart. Sort of like a militant, half-senile Ron Paul if you moved him out of politics and into entertainment-based car shows.

      Whether or not Tesla is entitled to damages or other concessions from Top Gear/the BBC, I don't know why on Earth they expected a fair review from the show. They obviously didn't watch many episodes before deciding to lend Top Gear a car to trial.

    3. Re:I remember that episode.. by Black+Parrot · · Score: 4, Insightful

      It irritated me at the time.. they made the thing seem like a poorly-designed money sink that barely worked. It really makes me wonder, though, what would they get out of saying stuff like that if it weren't true? If Tesla has the records and they really did stage breakdowns and dead batteries, to what purpose? It's a show about ridiculously expensive cars that most of us ill never even see, much less drive. Tesla is definitely in that category, and considering the drooling they do over some pretty ridiculous (and ugly) cars.. why pick on them? They made plausible claims, mostly, but the one where they ran out of power after 55 miles I thought was weird. The others (overheating, brakes) could have happened, but there seemed to be a LOT of problems for what is basically a straight-from-the-factory Lotus with an electric drivetrain. (In the show they raced it against a Lotus, you can barely tell the cars apart without looking at the badges).

      Anyway, just makes me wonder if they made it seem like crap (assuming Tesla is telling the truth) in order to appease the old-school dream car companies so they'd keep sending them toys to play with, or maybe Tesla was being a pain in the ass and they wanted to tweak them, or if they just thought it's be funnier.

      My intuition tells me Top Gear will turn out to be right.

      When an overhyped product gets a bad review and the maker threatens to sue, you know which way it usually turns out. I'm going with the odds, until the evidence says otherwise.

      If they do in fact have evidence, they're welcome to present it.

      --
      Sheesh, evil *and* a jerk. -- Jade
  5. Re:It didn't break down, it ran out of power by Khyber · · Score: 5, Informative

    Both Tesla cars given for testing did NOT ever get below 20% charge.

    And the onboard data loggers and battery charge indicators (plus a capacity check after the fact,) will show all of that.

    No wonder you posted as AC.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  6. Re:Some people don't understand entertainment by PopeRatzo · · Score: 5, Insightful

    Top Gear is entertainment.

    Entertainment or not, when you claim that a car broke down a lot and it turns out you were lying about it, there's a problem.

    We see a lot of this "Oh, we don't have any responsibility because we're entertainment used to excuse a lot of really reprehensible stuff. Whenever some right-wing turd makes fun of a handicapped person or says something really racist or homophobic, it's always "oh we're entertainment" but then they turn around and tell their viewers how they're serious journalists (I've got a list if you really need examples).

    You don't get to have a show that gives opinions about products and then say those products broke when they didn't break, no matter how much "fun" you're having.

    --
    You are welcome on my lawn.
  7. Two years later... by locust · · Score: 4, Informative

    So here's what clarkson had to say at the time. From the times online:


    Phone calls were made. Editorial policy wallahs were consulted. Experts were called in. No “i” was left undotted. No “t” was left uncrossed. No stone remained unturned in our quest for truth and decency.

    Tesla could not complain about what was shown because it was there. And here’s the strange thing. It didn’t. But someone did. Loudly and to every newspaper in the world.
    ..

    This was weird. Tesla, when contacted by reporters, gave its account of what happened and it was exactly the same as ours. It explained that the brakes had stopped working because of a blown fuse and didn’t question at all our claim that the car would have run out of electricity after 55 miles.

    You would figure that if these claims were so outrageous, tesla would have contradicted them at the time.

    1. Re:Two years later... by MimeticLie · · Score: 5, Informative
      They did.

      That article didn't match my own recollection of the controversy, so I googled "top gear tesla review". I found a good article from Wired and another from The Guardian.

      From the Wired article:
      - The batteries on the cars "never fell below 20 percent charge".
      - "They never had to push a car off the track because of lack of charge or a fault," and it isn’t clear why the segment included footage showing exactly that, she said.
      - Recharging in customers homes (albeit with specialized equipment) takes "as little as 3.5 hours".
      - The blown fuse that caused the brake failure was replaced, and the car "was back up and running literally within minutes".

      From the Guardian article:

      But it has since emerged that the Tesla, which can be powered from an ordinary domestic plug, did not run out of electricity.

      The car's California-based manufacturer said that the charge on neither of the two Teslas used in the Top Gear test fell below 20%.

      The BBC today denied it had misled viewers, saying that the programme had "at no time" claimed that the car had run out of power. Programme-makers instead showed it slowing down to illustrate what would happen when the car did run out of charge.

      But some viewers were left with a different impression. "I understand trying to make interesting TV, but when it materially changes the image or performance of the product, it's pretty underhanded," said one viewer on a car website.

      Another said: "How pointless, in the same way if a car runs out of petrol I know what happens without a reconstruction of the event."

      So to summarize: Top Gear makes it appear that the Tesla ran out of juice during testing. Tesla called them on it. The BBC claims that despite everyone thinking that is what happened, they never claimed it did. And then, inexplicably, Tesla waits 2 years to sue.

  8. Re:Some people don't understand entertainment by PopeRatzo · · Score: 4, Interesting

    It worked for Paul Haggis

    That New Yorker article about Haggis and his changing views of CoS is a hell of a story. There's something about a person who has been buffaloed, flim-flammed, scammed and fleeced finally opening his eyes that makes for a very compelling read.

    --
    You are welcome on my lawn.
  9. Re:Some people don't understand entertainment by PopeRatzo · · Score: 4, Insightful

    Clarkson is an experienced journalist

    Who apparently doesn't mind making stuff up.

    Companies provide cars to Top Gear. Forget for a moment about the stupidity of lying to make one of your benefactors look worse. If the only way you can make a story compelling, even comedy, is to be fraudulent, then there's a problem.

    All they had to do is run a disclaimer saying "The car really didn't break down like we pretended" and it would be OK. Or run a disclaimer saying "The events portrayed are entirely fabricated and are in no way indicative of anything real about the cars' quality". But they would never do that. Why? Because they are trading on the notion that there's something useful buried in what they are doing. My guess is that they're afraid of making it clear that none of what is portrayed on the show is in any way real.

    And if any part of what they're doing is supposed to be taken as real, then they've got a responsibility to make it clear when they're making stuff up.

    --
    You are welcome on my lawn.
  10. Why does everyone assume Tesla's claims are true? by Anonymous Coward · · Score: 5, Interesting

    Most of the highly rated comments are assuming that all Tesla's claims are true.

    Having just watched the segment:
    http://www.youtube.com/watch?v=8DfHyGD7_pM

    The review starts off really quite positive.

    Tesla claims that Top Gear misrepresented the company along these following points:

          1. The Roadster ran out of charge and had to be pushed into the Top Gear hangar by four men.

    4:56 - Top gear doesn't actually state that they ever ran out of battery. They simulated it ("and if it does run out") as an illustration that driving the car as marketed (As a sports car) gives you a much smaller range than the quoted figure. They could have done it for real by driving it around the track for hour, but what does this gain exactly?

          2. The Roadster’s true range is only 55 miles per charge (not 211).

    This is a blatantly false claim by Tesla. Jeremy stated that they worked out that the range "around their track" is 55 miles, while also mentioning the 211 mile claimed range by Tesla. When he later calculated the time to drive to Scotland, with the 16 hour recharge rate from a normal electrical socket, it was obvious he was using the 211 mile figure. (It's a trip of @700 miles)

          3. One Roadster’s motor overheated and was completely immobilized as a result.

    The motor did overheat (6:48), but Jeremy stated that he had "reduced power", not "no power". There was video showing that the car was continuing at a reduced speed, followed by a shot of the car parked forlornly on the track, but I seriously doubt this is sufficient for a libel suit.

          4. The other Roadster’s brakes were broken, rendering the car undriveable.

    If I remember correctly there _was_ a problem with the brakes at the test track. Something to do with a fuse on the regenerative braking system. Top Gear never stated that car was undriveable, only that they couldn't use it (It either was suitable for track work/filming, or Tesla were attempting to fix the issue). This appears to be a strawman argument.

          5. That neither of the two Roadsters provided to Top Gear was available for test driving due to these problems.

    This is a nice case of weasel words. This doesn't say that neither car had troubles, only that both cars didn't have troubles _at the same time_.

    Additionally I'll also note that this lawsuit is a change of tune from their previous comments, where a PR person spoke to the press immediately after the review:
    "She said the company would not be pursuing the matter with the BBC. "We would love to have them drive it again whenever they want.""

    "But she said she was generally happy with the overall tone of the review. "I thought it was a positive piece for Tesla by Top Gear standards. I personally like the show – it savages cars in a very entertaining way.

    "My concern was with American viewers who were tuning in for the first time and might not understand the whole angle of the show. We wanted to make clear that range was not a concern over the entire time of the [Top Gear] test.""

    More info:
    http://www.guardian.co.uk/media/2008/dec/24/jeremy-clarkson-top-gear-tesla-electric-car
    http://jalopnik.com/#!5118465/clarkson-ignores-bbcs-carefully-worded-response-responds-to-tesla-on-his-own
    http://jalopnik.com/#!5112828/tesla-issues-response-to-top-gear-review

    This smells like a marketing exercise.

  11. Tesla is misrepresenting the claims made. by mosb1000 · · Score: 4, Informative

    You should actually watch the review instead of just making stuff up (I can't believe you can get modded informative when you say "It's been a while since I've seen the episode" while the review in question is actually linked to the article. Why not just watch the review, it takes 10 minutes! and you will actually know what you are talking about). They were given two cars, and the point they were making was about the amount of time it takes to charge the cars, and how that made then essentially unusable for long road trips (they suggest that for normal driving you should buy two so you can use one while the other is charging). This is a real concern, and it is not misrepresented. While a normal car takes a couple minutes to fill, the Tesla takes hours. And they did say "We've worked out that it would only get 55 miles in our track driving" they never claimed it actually ran out of charge during testing (which is what tesla is disputing). They showed a simulation of it running out of charge, but they could have easily just run it down! Who would say that they couldn't? That's not the point they were making. The visuals are for dramatic effect. Complaining that it didn't actually run out during testing is just nit-picking. Everyone knows that if you drive a car far enough, it will run out of energy.

    As for whether or not the breaks actually broke, or the engine actually overheated, Tesla doesn't seem to be disputing that as far as I can tell.

    1. Re:Tesla is misrepresenting the claims made. by definate · · Score: 5, Informative

      Except, it didn't run out of power, and in normal driving it wouldn't, hence not needing to buy two, and also not needing to recharge from flat.

      I watched that episode, and more so, I've had many many many conversations with people, who believe that the Tesla DID run out of power, and that they'd never buy it because of that. This extremely misrepresents its capabilities, and they likely could have lost money form it.

      They don't SAY it ran out, but they do IMPLY it ran out. They go "But then... Oh..." he looks down and it decreases its acceleration.

      "For libel in the United States, the person first must prove that the statement was false. Second, that person must prove that the statement caused harm. And, third, they must prove that the statement was made without adequate research into the truthfulness of the statement."

      The statement was false, it should last for 200mph (given Tesla aren't lying).
      They lost sales (likely).
      They didn't actually test it, just said our calculations show.

      They've possibly got quite a good case for libel.

      --
      This is my footer. There are many like it, but this one is mine.
    2. Re:Tesla is misrepresenting the claims made. by aitikin · · Score: 4, Informative

      First off, the review is linked in the second article and this is slashdot. No one RTFAs, and those links are on the main page! You have a lower ID than me and you didn't know that?

      On the second note, if Tesla's claim that they can prove their disputes with the data logging on the roadster proves true, than Tesla's going to win (IANAL, muchless a British one). Disputing your argument above, no where in the segment did they say they were simulating the car running out. From the episode, "...but then, although Tesla say it'll do 2 hundred miles we worked out that on our track it would run out after just fifty-five miles." This is definitely a case of inferred versus implied, as the way it was represented definitely implied to me that they weren't simulating.

      Furthermore, in the very article where you found the link, it states that Tesla is disputing the claims about both the brakes (please use the right brake, it makes so much more sense) breaking (point number four in the article), and the engine overheating (point number four). And furthermore, the video cuts before it can get to point number five. "That neither of the two Roadsters provided to Top Gear was available for test driving due to these problems." (Again, FTA).

      So, sorry fanboy, but you're too quick to defend and too quick to skip over the details.

      Also, I guess it's prudent to note that I have no affiliation with either group, nor do I have any true interest in this at all. As of today I have watched more Top Gear than I have in the rest of my life.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
  12. Re:Some people don't understand entertainment by dna_(c)(tm)(r) · · Score: 4, Funny

    Maybe the Morris Marinas is a great car, afterall.

    Perhaps, but they still seem to attract falling pianos way too often for my taste...

  13. Re:Some people don't understand entertainment by mosb1000 · · Score: 5, Informative

    You are wrong on several critical points. Tesla is not claiming that the actual breakdowns were scripted. The only thing they are claiming was scripted was the scene where the Tesla runs out of charge. To be clear, the car did actually overheat, and the other car's breaks did stop working. Those were not scripted or false.

    The scene of the car running out of charge is a dramatic lead-in to their discussion of the car's major real-world flaw, which is charging times. Watch the clip and you will see that they way they make their claim implies that the car running out of charge was simulated

    Realistically, they did not need to simulate this, because they could have actually driven it until it ran out of charge. Of course, it's not surprising that they wouldn't do that, since it's a huge waste of time and the end result is a foregone conclusion. It seems to me that Tesla is really just whining over a technicality, since it's true the car will run out of charge, and that's what they showed.