Videos seen and verified by the ABC appeared to show foreign-owned whale-watching firms in Tonga's Vava'u Islands allowing tourists to touch whales and dive with them, according to the report published on 31 October 2026. Swimming with humpback whales is permitted in Tonga, but touching and diving are not. The Ministry of Tourism's Vava'u director, Lemoto Faka'osi, confirmed that multiple operators had been warned about breaching regulations.

One operator, the Elim Hotel, had its licence suspended for six weeks and its fleet reduced to one boat after guests posted footage of themselves diving with whales, the report said. Its manager, Lepolo Foliaki, said the guests broke the rules and that future advertising must clearly state that diving is prohibited. Local skipper Vili Vaipulu said misleading advertisements created confusion for tourists and made enforcement harder, and that he had seen a foreign operator overload a vessel and others operate on Sundays.

About 2,000 humpback whales visit each year, and licensing rose from a cap of 13 in 2006 to 25 operators in Vava'u on the latest list. A 2019 study by Lorenzo Fiori found low compliance with Tongan regulations. The ABC said it had asked the Tongan government for comment but had not received a response.