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