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Tesla loses Top Gear libel case

Discussion in 'Prius, Hybrid, EV and Alt-Fuel News' started by bwilson4web, Mar 12, 2013.

  1. cycledrum

    cycledrum PSOCSOASP

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    Regarding EV's, often I hear things like 'wait what will happen when gas prices go through the roof (like 6, 7, 8 dollars). Well, I understand many other countries already have $8 USD gas.

    Now, have a google on worldwide plugin sales. Yeah, it's only been 2 years since they started coming out, and maybe they came into Europe later than us.

    But, have a look at China plugin sales ... NOT GOOD. IRC, only 6k plugins have sold in 2 years, including their own BYD. ..

    Not good so far.
     
  2. bedrock8x

    bedrock8x Senior Member

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    If you agree this an entertainment show, then this is call dramatization and choreograph as such.

     
  3. xs650

    xs650 Senior Member

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    Was some one talking about 500 mile races? I was talking about the typical five 2o minute sessions the average track going sportscar owner is typically going to run in a day. Maybe 130-160 miles over the course of a day. Fast refueling options aren't normally available for them, except by EV standards.... there are conventional gas pumps for cars that can refuel a car in about 5 minutes:ROFLMAO: . In addition to the 150-160 miles on the track, most people put on a lot more miles the same day getting to and from the track. Top Gear took some liberties but did make the point that the Tesla Roadster is unsuited for track days.
     
  4. Lutchenko

    Lutchenko Will Perrin

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    Our tabloid press tend to sensationalise things for sure but you stated
    "British TV is full of sensationalistic crap maquarding as facts" I was just wondering
    which programmes you had in mind.

    Top Gear is not considered to be a serious motoring programme. It's a light hearted humours programme based on
    cars. The English public are able to make this differentiation. The case was thrown out not because sensationalism is the norm here, it's not by the way, it was thrown out because and I quote the judge

    "Top Gear’s review and failure to achieve the specified 200-mile range would not mislead a “reasonable viewer” to think that the vehicle would not deliver the full 200 miles of range."
     
  5. FL_Prius_Driver

    FL_Prius_Driver Senior Member

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    Compared to what? Plug In car sales four years ago? EV sales a few years ago?

    Need to be very careful of how EV and PHEV progress is measured. Compared to expectations, it may be disappointing. Compared to actual progress it can be quite impressive. I'm still coming to terms with the Volt dramatically outselling the Corvette. Yet, in the media, the volt is criticised far and wide and the Vette is worshipped.
     
  6. ItsNotAboutTheMoney

    ItsNotAboutTheMoney EditProfOptInfoCustomUser Title

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    You obviously don't understand the basic legal principle that in order to claim damages you have to demonstrate damage. It's no different from the USA, except that in the USA you are more likely to win because you're unlikely to have to pay the other party's legal costs while in the UK you are more likely to win because it's cumbersome and the burden is on the defendent to show they didn't libel.
     
  7. xs650

    xs650 Senior Member

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    You have hit the nail on the head. Many (most?) Americans aren't mentally equipped to "get" Top Gear. I submit this thread as evidence.
     
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  8. Lutchenko

    Lutchenko Will Perrin

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    I think that in the UK the defendants burden is to demonstrate that they didn't publish false information. I think the matter of whether or not the publication was libellous is a matter for the court. (I think lol) .

    In the case of Tesla I suppose this amounts to Top Gear having to prove that they didn't simply pretend the battery was discharged and/or the distance they claimed it travelled was roughly accurate.
     
  9. dbcassidy

    dbcassidy Toyota Hybrid Nation, 8 Million Strong

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    And the winners are: THE LAWYERS!!!

    DBCassidy
     
  10. Trollbait

    Trollbait It's a D&D thing

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    Doesn't help when on screen guides label it as education.
     
  11. Lutchenko

    Lutchenko Will Perrin

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    I can see how that could be misleading lol
     
  12. austingreen

    austingreen Senior Member

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    Well this is a blatent lie. Top gear did not fail to get to a 200 mile range. They scripted that it failed to get to range, then pushed a charged car. Any way you cut it they faked running out of power. Tesla saw the script and they were forced to admit it. They claimed that sometimes they change the script when filming. come on guys. They scripted it with specific intent to make the range of the car look bad.

    If you fake something, then claim you faked it because its real its still a fake.

    That is my only point. You have three choices.

    A) Tesla is bad. The media is right to fake it.
    In that case you probably believe that NBC was right to fake a gm truck exploding. Reality doesn't mater, only realitity shows. EVs are bad, and these folks are doing a public service by faking it, when they can't legitiamately get it to happen. The public must be protected from the thought that BEVs might work

    B) There is no excuse to fake these things
    If the car doesn't run out of juice, you don't put your crew pushing a perfectly drivable car on advertising for the show. If you want to "entertain" at least go through the effort of driving the car around the track, and the driver coasting to the charger.

    C) Clarkson is a clown and clowns are expected to lie
    That is I think the defense that worked in court. If you just saw advertisesments for the vidoes and were not a fan of the show, it would be difficult for a viewer to see this. Perhaps more people in England actually watch the show and not only see the ads.

    Now the strange thing to me, is it seemed from the case that it was perfectly ok to do this kind of staging and scripting in England. That it was the normal course of things. I see wome took insult to the British courts. They do deserve to be insulted. My main negative reaction is to those that believe A) by faking these things these "journalists" are doing us a service.
     
  13. bedrock8x

    bedrock8x Senior Member

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    Should have been "Actors" instead of "journalists", so take it with a grain of salt.

     
  14. Lutchenko

    Lutchenko Will Perrin

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    I'm curious to know where you get your information.
    Are you suggesting that the high court judge didn't make that comment when you say it's a blatant lie?

    The point is, and the one made by the judge, is that irrespective of what occurred, no reasonable person would be mislead by it.
    Of course the judge could only speak for an English audience. In England Top Gear is viewed as light humorous entertainment and not automotive education.

    If you base your purchase of a Zonda, Tesla or Koenigsegg or other such cars as featured on the findings of Top Gear then in truth you probably have more money than sense.
     
  15. xs650

    xs650 Senior Member

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    :ROFLMAO:
     
  16. kgall

    kgall Active Member

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    I grant you that faking shots is the wrong way to report news. That's something even Top Gear shouldn't do.

    Actually, British libel/slander laws make it much easier for someone to win a suit than in the US--at least in a lot of cases.
    The thing that makes the US the place where some folks want to sue is very high potential damages.
     
  17. Lutchenko

    Lutchenko Will Perrin

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    You really seem to struggle to understand the programme TopGear it seems.

    He pokes fun at the Prius and a number of other cars. It isn't serious it's simply a bit of fun. What they did was drive a Prius flat out and have an M3 keep up with it.

    The Prius did 17mpg and the M3 did 19mpg.
    The conclusion was simply that it's not so much what you drive as how you drive it.
     
  18. Lutchenko

    Lutchenko Will Perrin

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    Unfortunately this seems to encourage a culture of sue whenever possible
     
  19. GrumpyCabbie

    GrumpyCabbie Senior Member

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    And I do wonder if our American friends actually get the entire episode of Top Gear we get, or an edited hotch potch to allow for 25 minutes of commercials in the hour?
     
  20. Lutchenko

    Lutchenko Will Perrin

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    There is that...