A couple left stunned when they were suddenly surrounded by huge whales while kayaking are now under investigation for getting too close to the animals.

Kayakers Who Filmed Surprise Encounter With Cetaceans Face Prosecution For Disturbing Them pic.twitter.com/MWprzJ3oSK

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The footage, which went viral on TikTok, shows Paolo Osta, 27, and girlfriend Mariana Gioielli, 26, cautiously enjoying a close encounter with three whales.

The couple had gone kayaking off the coast of Puerto Madryn, Argentina, where they live, when they were suddenly surrounded by the gigantic mammals.

Their footage shows how the couple look nervous at first but then start to talk to the whales, which can be heard blowing heavily as they gently splash through the water.

The video was shot on 31st August last year but was only shared in its entirety recently. It has since gone viral, notching up tens of millions of views.

The Puerto Madryn area is popular for whale watching between May and December, when the cetaceans migrate to its warm waters to reproduce and give birth.

Local media reported that the couple were subject to an investigation after they returned to land because approaching whales is forbidden under local law.

But that did not stop several organisations from offering Paolo money for his incredible footage. Paolo, however, insisted that it was not for sale.

He told local media: “I don’t intend to profit from a moment that the universe gifted me; it was a marvel that unintentionally went viral.

“I’m keeping it because I love Puerto Madryn and I want everyone to come and meet the whales.

“It happened a year ago, and over 200 channels from around the world wanted to buy it, but all I want is for people to see it.”

In a subsequent recording about the incident, Paolo revealed: “In Puerto Madryn, there’s a law that prohibits approaching whales within 300 metres (984 feet).

“I found out about this because after the video appeared on social media, the Coast Guard opened an investigation into me because it’s clearly not allowed.”

He said that the whales “are completely harmless, they are gentle creatures, but safety is not guaranteed” when it comes to floating alongside them.

The whales, believed to be southern right whales (Eubalaena australis), can grow up to 14 metres (46 feet) long and weigh up to 23,000 kilogrammes (3,622 st).

Paolo explained: “A wrong move by the whale could have harmed me.”

The local authorities have not commented on the status of the investigation.