Elon Musk Never Sought Approval for a Single Tesla Tweet, US SEC Tells Judge

Advertisement
By Reuters | Updated: 19 March 2019 10:58 IST
Highlights
  • US SEC is doubling down on the government's demand
  • It says the February 19 tweet was a "blatant violation" of the agreement
  • Musk's lawyers say the tweet complied with Tesla's communication policy

US SEC says Elon Musk "had not sought pre-approval" for the tweets he posted about Tesla in the past

Chief Executive Elon Musk has never sought pre-approval for a single tweet about Tesla since striking a court-approved deal about how to communicate important information about the electric vehicle maker, the top US securities regulator told a judge on Monday.

The Securities and Exchange Commission is doubling down on the government's demand to find the Tesla CEO in contempt of a previous fraud settlement that required him to have the company pre-approve any tweets that could materially impact the automaker.

The ongoing public battle between Tesla's chief executive and the SEC piles pressure on Musk, the public face of Tesla, who is struggling to make the company profitable after cutting the price of its Model 3 sedan to $35,000 (roughly Rs. 24,00,000).

Advertisement

The SEC said a Feb. 19 tweet that Musk sent to his more than 24 million Twitter followers claiming the electric vehicle-maker would build around 500,000 cars in 2019 was "a blatant violation" of the agreement.

Advertisement

The SEC asked Tesla in late February whether any of Musk's tweets had been pre-approved since that policy was adopted, according to the filing in federal court in Manhattan.

Tesla responded, after more than two weeks, to say simply: "No."

Advertisement

"It is therefore stunning to learn that, at the time of filing of the instant motion, Musk had not sought pre-approval for a single one of the numerous tweets about Tesla he published in the months since the court-ordered pre-approval policy went into effect," the SEC said in the filing.

The regulator last month alleged that Musk had violated a September settlement of fraud charges by tweeting material information about Tesla without pre-approval from the company.

Advertisement

In response, Musk had argued that his "single, immaterial" tweet was in compliance with the settlement, and that the SEC's push to find him in contempt infringed on his free speech.

Lawyers for Musk said the tweet complied with the company's communication policy for senior executives and was a "proud and optimistic restatement of publicly disclosed information."

The SEC said in Monday's filing that the pre-approval policy agreed in the settlement was designed to include a wide variety of his comments, not just those that were deemed material by the regulator's standards.

The fraud settlement between Musk, Tesla and the SEC resolved a lawsuit brought by the regulator over claims Musk made on Twitter in August that he had "funding secured" to take Tesla private at $420 (roughly Rs. 28,800) per share. The SEC called those tweets "false and misleading" and a go-private deal never materialised.

As part of that settlement, Musk stepped down as the company's chairman and he and Tesla agreed to pay $20 million (roughly Rs. 137 crores) each in fines.

Tesla has backed off a plan to close all its US stores and said it will instead raise prices of its higher-end vehicles by about 3 percent on average. Last week, Tesla unveiled its Model Y crossover SUV, targeted to begin production in 2020.

Musk called the regulator the "Shortseller Enrichment Commission" on Twitter after the settlement, and tweeted that "something is broken with SEC oversight" just one day after the agency started pursuing the contempt order.

Legal experts have said the SEC could pursue multiple avenues, including a higher fine, imposing further restrictions on Musk's activities or removing him from Tesla's board or helm.

Tesla published a new communications policy in December for senior executives as part of the settlement. It called for Tesla's general counsel and a newly designated in-house securities law attorney to pre-approve any written statements about Tesla that could be material.

A disclosure controls committee, made up of board members Brad Buss, Antonio Gracias and James Murdoch, was tasked with overseeing compliance with the new policy.

© Thomson Reuters 2019

 

Catch the latest from the Consumer Electronics Show on Gadgets 360, at our CES 2026 hub.

Further reading: Elon Musk, Tesla, US SEC
Advertisement

Related Stories

Popular Mobile Brands
  1. Flipkart Sale Early Deals: iPhone 17 Price in India Drops Under Rs. 75,000
  2. Samsung Galaxy A07 5G Launched With 6,000mAh Battery: Price, Features
  3. Here's When the Vivo V70 Series Could Launch in India
  4. Astronomers Find 'Mystery Engine' Powering Nebula Around a Dead Star
  5. NoiseFit Pro 6R With Up to Seven Days Battery Life Launched in India
  6. Here Are Some of the Best Smartphones Available in India With AMOLED Displays
  1. Astronomers Find ‘Mystery Engine’ Powering Massive Nebula Around a Dead Star, Challenging Physics
  2. Vivo V70 Series India Launch Timeline Leaked; Two Models Expected to Debut
  3. iPhone 17 Price in India Drops Under Rs. 75,000 Ahead of Flipkart Republic Day Sale 2026
  4. Slack Introduces Agentic AI: How the New Slackbot Automates Your Workflow
  5. Arc Raiders' Sales Cross 12.4 Million Copies as Embark Studios Rolls Out New Update
  6. Space Gen: Chandrayaan OTT Release Date: When and Where to Watch Nakuul Mehta, Shriya Saran Starrer Online?
  7. Qubo Dashcam 4G Live Launched in India With Live GPS Tracking, Safety Alerts Alongside Dashcam Trio: Price, Features
  8. Samsung Galaxy Z Flip 8 to Reportedly Miss Out on Major Camera Upgrades; Specifications Leak
  9. Apple's iOS 26.3 Beta 2 Update Hints at End-to-End Encryption Support for RCS Messaging: Report
  10. Realme P Series Phone With 10,000mAh Battery Spotted on BIS Website; Could Launch in India Soon
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.