So saying "we'll produce 500k cars in 2019" is a lot of new information:
- it's now definitely 2019, not Q2 2020
- it's 500k total, not just "annualized output"
- risk of "unexpected challeges" in Shanghai disappeared.
By itself it looks like new information. But once you consider it's a typical post on twitter, it's quite plausible that it's a botched quotation.
The agreement pertains to posts that "contain, or reasonably could contain, material information". Sounds like it needs [a likelihood of] actual material information to count.
(This is all assuming that "material information" is info that's not already widely publicly distributed. In other words I am assuming that a tweet of "Tesla makes cars." would not violate the agreement.)
(Also, none of this precludes him getting in trouble for a misleading tweet, entirely separately from whether he violated this agreement.)
Harm to investors isn't the criteria for whether this breached the agreement. (And is probably low to zero for a couple tweets outside trading hours.)