Elon Musk loses bid to undo SEC agreement that led to oversight of Tesla tweets

‘Twitter Sitter’ monitors billionaire’s tweets when they refer to carmaker

Elon Musk last month asked the judge to end oversight of his tweets, claiming the SEC is harassing him with excessively broad investigative demands. Photograph: Alexander Becher/EPA
Elon Musk last month asked the judge to end oversight of his tweets, claiming the SEC is harassing him with excessively broad investigative demands. Photograph: Alexander Becher/EPA

Elon Musk lost a bid to undo his 2018 agreement with the US Securities and Exchange Commission (SEC) that led to reviews of his Tesla-related tweets by an in-house official who's been referred to as the chief executive officer's "Twitter Sitter".

A judge in New York on Wednesday also denied Mr Musk’s effort to block an SEC subpoena seeking information about Tesla’s public-disclosure controls.

Mr Musk last month asked the judge to end oversight of his tweets, claiming the SEC is harassing him with excessively broad investigative demands and that the 2018 deal violates his right to free speech. He rejected the agency’s arguments that he freely agreed to the limits and that review of his tweets by a company securities lawyer doesn’t amount to government regulation of his speech. The judge agreed with the SEC.

"Musk cannot now seek to retract the agreement he knowingly and willingly entered by simply bemoaning that he felt like he had to agree to it at the time but now – once the spectre of the litigation is a distant memory and his company has become, in his estimation, all but invincible – wishes that he had not," US district judge Lewis Liman in Manhattan said in a written opinion.

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The ruling comes as Mr Musk appears to have clinched his bid to buy Twitter. – Bloomberg