• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Social Security unraveling: 7,100 workers sacked, performance metrics retired, disability claims falling

2

Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy

3

Erin Brockovich, the activist who defeated a utility giant and inspired a Julia Roberts film, is pushing data centers to be more transparent

1

Social Security unraveling: 7,100 workers sacked, performance metrics retired, disability claims falling

2

Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy

3

Erin Brockovich, the activist who defeated a utility giant and inspired a Julia Roberts film, is pushing data centers to be more transparent
Elon Musk

Can Elon Musk Tweet That? The SEC May Have an Opinion

By
Bloomberg
Bloomberg
Down Arrow Button Icon
By
Bloomberg
Bloomberg
Down Arrow Button Icon
August 8, 2018, 10:48 AM ET

Tesla Inc. founder and Chief Executive Officer Elon Musk roiled trading and sowed confusion about his future plans after tweeting that he’s considering taking the company private at $420 a share. The electric carmaker’s stock soared as much as 8.5 percent after the tweet before trading was halted. Musk’s tweet also sowed confusion over whether he meant it as a joke or whether he violated the U.S. Securities and Exchange Commission’s fair-disclosure rules. But investors and securities lawyers are still scurrying to learn about an obscure SEC decision known as the Reed Hastings Rule.

1. What is the Reed Hastings Rule?

The SEC first ruled on the use of social media for disclosing material information after Netflix Inc. CEO Reed Hastings wrote in a July 2012 Facebook post that viewing on his company’s video-streaming service had “exceeded 1 billion hours for the first time.” The regulator later determined that Hastings wouldn’t face enforcement action and declared most social media “perfectly suitable” for communicating company information as long as investors are alerted and access isn’t restricted.

2. What did Elon Musk tweet?

In his initial tweet, Musk wrote: “Am considering taking Tesla private at $420. Funding secured.” It came as shares were already surging on news that Saudi Arabia’s sovereign wealth fund had built a roughly $2 billion stake in the company over the past few months.He followed up the initial foray with additional details in a series of replies to questions and other statements.

3. What’s wrong with that?

Setting aside the question of whether announcing the news via Twitter was proper, regulators might want to examine Musk’s declaration that funding for the move had been secured, an assertion for which he offered no further detail. He doubled down on the assertion a few hours later when he tweeted that “Investor support is confirmed.” Bankers close to Tesla were said to have had no knowledge of plans for taking the company private, Financial Times reporter Arash Massoudi said in a CNBC interview.

4. What is Regulation FD?

The SEC rule aims to promote “full and fair disclosure” of corporate information by requiring a level playing field for announcements of material nonpublic information. The rule was initially adopted in 2000, before the rise of social media. The agency modified its view of permissible venues with its 2013 decision not to act against Netflix’s Hastings.

5. So did Musk violate the rules?

Turns out truth may really be the best defense. As unorthodox as the decision to announce the possible plan by Twitter might have been, Musk’s legal concerns may be largely mitigated by him having been honest about how far along it was. Still, even if the SEC and regulators in Delaware — where the company is registered — remain at bay, Musk could be open to lawsuits from shareholders and other interested parties as he moves along with his bid.

About the Author
By Bloomberg
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

paceX and Tesla founder Elon Musk speaks during an America PAC town hall on October 26, 2024 in Lancaster, Pennsylvania.
HealthSpaceX
SpaceX reveals its share price and record valuation: 555.6 million shares at $135 apiece, at a $1.77 trillion valuation
By Eva RoytburgJune 3, 2026
6 hours ago
U.S. President Donald Trump gestures as he addresses a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC.
PoliticsDonald Trump
Republicans defy Trump in shock move, passing resolution in Congress to limit Iran war powers
By Lisa Mascaro and The Associated PressJune 3, 2026
6 hours ago
Live updates from the NYC bar that promised to cover everyone’s tabs if the Knicks won, and used Kalshi to hedge their bets
InvestingSports
Live updates from the NYC bar that promised to cover everyone’s tabs if the Knicks won, and used Kalshi to hedge their bets
By Catherina GioinoJune 3, 2026
6 hours ago
Andy Jassy speaks in front of a black and blue background.
FinanceFortune 500
What is a Fortune 500 company? The story behind the list
By Sasha RogelbergJune 3, 2026
7 hours ago
ns
PoliticsNCAA
Nick Saban to Congress: college sports is the biggest, baddest Ferrari’ going 150 mph toward the Grand Canyon. ‘Somebody needs to tap the brakes’
By Joey Cappelletti, Eddie Pells and The Associated PressJune 3, 2026
7 hours ago
SpaceX may be the biggest IPO ever, but Morningstar says it is overvalued by half and the smart investors will wait out the hype and buy later
Startups & VentureSpaceX
SpaceX may be the biggest IPO ever, but Morningstar says it is overvalued by half and the smart investors will wait out the hype and buy later
By Marco Quiroz-GutierrezJune 3, 2026
7 hours ago

Most Popular

Social Security unraveling: 7,100 workers sacked, performance metrics retired, disability claims falling
North America
Social Security unraveling: 7,100 workers sacked, performance metrics retired, disability claims falling
By Katie Savin, Callie Freitag, Matthew Borus and The ConversationJune 2, 2026
2 days ago
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
Cybersecurity
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
By Sasha RogelbergJune 3, 2026
14 hours ago
Erin Brockovich, the activist who defeated a utility giant and inspired a Julia Roberts film, is pushing data centers to be more transparent
Environment
Erin Brockovich, the activist who defeated a utility giant and inspired a Julia Roberts film, is pushing data centers to be more transparent
By Marco Quiroz-GutierrezJune 1, 2026
2 days ago
Current price of oil as of June 3, 2026
Personal Finance
Current price of oil as of June 3, 2026
By Joseph HostetlerJune 3, 2026
15 hours ago
Southwest exec says the free bag and assigned seating overhaul is already paying off
Travel & Leisure
Southwest exec says the free bag and assigned seating overhaul is already paying off
By Preston ForeJune 2, 2026
1 day ago
Current price of oil as of June 2, 2026
Personal Finance
Current price of oil as of June 2, 2026
By Joseph HostetlerJune 2, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.