The difference between this story and the one about the Mini E story on the BBC is the reaction of the manufacturer's PR and Legal departments.
Tesla seem determined to get all pissy and litigious about any negative coverage, and that just fosters the impression of a defensive company with something to hide. Instead, they should take the criticism on the chin, tell the world they'll look into the causes of the issue, and then report the "fix" that they come up with a few weeks/months down the line. Trying to get your retaliation in hard and fast like this just pisses everyone off - it's just really bad PR.
By contrast BMW didn't make such a fuss about the BBC MINI-E article, as they saw it for what it was - a test of the infrastructure more than the car which - surprise surprise - found the vehicle charging infrastructure for the UK to be lacking. BMW have gone on to respond with their upcoming i3 and i8 - which you can bet your bottom dollar will be properly and thoroughly engineered solutions that will not risk damaging the company's hard-won reputation, supported by a competent PR effort.
Tesla - you do not win at PR by starting an argument with the media.