Particle.news

Download on the App Store

La Plata Court Refuses to Takedown Milei’s Post Featuring 12-Year-Old Activist

Milei’s X profile is deemed personal under free-speech protections leaving the criticized repost untouched

ID:61964621 MILEI CELULAR REDES Argentina's presidential candidate Javier uses his cell phone during a press conference in Buenos Aires on October 11  2023. The Argentine president shows that X (formerly Twitter) is tribune of anarcho-capitalist revolution and repository moods. (Photo by JUAN MABROMATA / AFP) - FTP CLARIN cprofetico_MILEI.jpg Z Invitado
Javier Milei / Ian Moche
Image
Image

Overview

  • Judge Alberto Osvaldo Recondo denied the family’s injunction request on grounds that the repost did not constitute a state act or a direct attack on the child and ordered the plaintiff to cover legal costs
  • The ruling treated Milei’s verified X account as a personal channel, referencing a 2017 Secretaría de Comunicación resolution and constitutional free-expression guarantees
  • Court documents noted that 12-year-old Ian Moche has voluntarily assumed public-figure status through his activism and that the images in the post were already in the public domain
  • The judgment emphasized that mandating deletion of the repost would amount to unconstitutional prior censorship under Argentina’s Constitution and international human-rights treaties
  • Ian Moche’s legal team announced plans to seek suspension or removal of the @JMilei account on X as the next phase of their legal strategy