Elon Musk to Go to Trial Over ‘Pedo’ Tweet About Thai Cave Diver

A US judge had earlier denied Musk’s bid to dismiss the case.

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By Reuters | Updated: 11 May 2019 10:26 IST
Highlights
  • Elon Musk faces a defamation lawsuit by a British diver
  • Diver says he was falsely branded a pedophile and child rapist by Musk
  • US District Judge Stephen Wilson denied Musk's bid to dismiss the lawsuit

Musk’s lawyers said Tesla CEO’s comments were protected opinion under the US First Amendment

A US judge on Friday said Elon Musk must face a defamation lawsuit by a British diver who said he was falsely branded a pedophile and child rapist by the chief executive of electric car company Tesla. US District Judge Stephen Wilson in Los Angeles said a reasonable jury could conclude that Musk's comments were more than merely opinions, and scheduled a trial for October 22.

The judge had on April 26 denied Musk's bid to dismiss the lawsuit brought by diver Vernon Unsworth, without explaining his reasoning.

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Musk's lawyers did not immediately respond on Friday to requests for comment.

Unsworth, who said in his lawsuit he shared a house in the Thailand countryside with a 40-year-old woman who owned a nail salon, was part of a team that helped rescue 12 boys and their soccer coach from a Thailand cave last July 10.

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He said he became a target for Musk after saying on CNN that a mini-submarine offered for the rescue by Musk from his company SpaceX, where he is also chief executive, was a "PR stunt" and that Musk could "stick his submarine where it hurts."

Musk later called Unsworth "pedo guy" on Twitter, a comment for which he apologised. He also urged a BuzzFeed News reporter by email to investigate Unsworth and "stop defending child rapists."

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Unsworth has denied those allegations.

In seeking a dismissal, Musk's lawyers said such comments were "imaginative" or "over-the-top" insults that constituted protected opinion under the US First Amendment.

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But the judge said Musk was not communicating in "heated and volatile" settings that might explain any excesses.

"Considering the totality of the circumstances - including the general context of defendant's statements, the specific context of the statements, and the statements' susceptibility of being proved true or false - a reasonable factfinder could easily conclude that defendant's statements, as pleaded in the complaint, implied assertions of objective fact," Wilson wrote.

Wilson said in a footnote he has not found that reasonable jurors would "necessarily" view Musk's comments as factual.

"The significance of the ruling is clear: publication of accusations on Twitter does not provide a safe harbour for defamatory statements that are false and convey that they are factual," Unsworth's lawyer L. Lin Wood said in an email.

Unsworth is seeking at least $75,000 in compensatory damages plus punitive damages in his September 2018 lawsuit.

On April 30, a Manhattan federal judge approved Musk's revised settlement with the US Securities and Exchange Commission setting out when Musk must obtain advance approval from a Tesla securities lawyer before posting on Twitter or other social media.

The case is Unsworth v Musk, US District Court, Central District of California, No. 18-08048.

© Thomson Reuters 2019

 

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Further reading: Elon Musk, Tesla
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