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Tesla’s Elon Musk has tearfully claimed in a US television interview the company does not review his tweets before he sends them, citing freedom of speech laws.
If it is the case, then he risks being in contravention of a legal settlement requiring the company to oversee his communications.
The outspoken entrepreneur was sued in September this year after he said in a tweet he had secured funding to take the company private at $420 a share.
The tweet caused Tesla’s stock price to jump by over six percent and led to what the US Security and Exchange Commission (SEC) described as “significant market disruption”.
Mr Musk’s settlement with the agency saw him and Tesla each fined $20m, he was ordered to step down as chairman for three years, and the company was told it must introduce “additional controls and procedures to oversee Musk's communications", including his use of Twitter. The terms of the agreement must be met by 28 December.
The SEC’s legal filing in September also alluded to marijuana culture being a component in Mr Musk’s tweet saying he would take the firm private at $420 a share.
In the US the number 420 is synonymous with marijuana consumption, and April 20 each year has become a celebrated date among smokers of the drug.
“Musk stated that he rounded the price up to $420 because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price,’” the SEC filing reads.
Later this year Mr Musk appeared on a live web show during which he was filmed smoking a spliff with the host, which caused Tesla’s share price to fall.
During the 60 Minutes interview, when quizzed on the subject Mr Musk said: “As anybody who watched that podcast could tell, I have no idea how to smoke pot, or anything. I don’t know how to smoke anything, honestly.”
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Asked if his behaviour was erratic, or operatic, Mr Musk said: “I'm just being me. I mean, I was certainly under insane stress and crazy, crazy hours. But the system would have failed if I was truly erratic.”
He also said the company would consider taking over factories General Motors have said they intend to leave idle.
A Tesla spokesperson told The Independent the SEC settlement is being complied with, including having a policy in place by December 28th for the pre-approval of Mr Musk’s communications which could contain material information.
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