BUENOS AIRES, Argentina (CN) - Argentine President Javier Milei is allowed to keep a controversial post on his social media after a federal judge in La Plata tossed a lawsuit filed by the family of a 12-year-old autistic boy implicated in a political scheme.

In a June 1 retweet with comment, Milei shared a post from an anonymous account featuring photos of Ian Moche - a young influencer who advocates for public policies addressing disabilities and autism - alongside former President Cristina Fernandez de Kirchner and 2023 presidential candidate Sergio Massa. Moche had recently appeared on a television program to respond to a government official responsible for disability policy who had publicly called him a liar.

In response, the family filed a lawsuit against Milei in June, demanding that the post be removed from his verified account and seeking an injunction to prevent him from making similar statements in the future.

The boy's family says Milei accused Moche of being part of a coordinated political operation intended to undermine his presidency. The events unfolded during a period in which Congress was debating budget cuts and the future of public aid for people with disabilities, sparking national discussions about the state's role in supporting vulnerable populations.

According to the complaint, Milei's post implied that a political campaign against his administration was being orchestrated by journalist Paulino Rodriguez, and that Ian and his family - labeled as "ultra-Kirchnerist" - were complicit. The term, referencing past progressive administrations in Argentina, is frequently used by Milei and his allies as a political slur.

"Pautino always on the evil side, never fails to operate [politically] against the government, always siding with the kukas... never fails," Milei wrote in the post. "Pautino" is a pejorative nickname combining Rodriguez's surname with the word pauta, meaning advertising, suggesting the journalist is paid to favor Kirchnerist politicians. "Kukas" is a derogatory term commonly used to refer to Kirchnerist supporters.

The Moche family argued that the president's post violated the principle of the best interests of the child and protections against unlawful attacks on honor and reputation, particularly for a person with a disability. They cited both national and international legal frameworks.

However, Judge Alberto Osvaldo Recondo rejected the family's injunction request on Monday, ruling that the post did not constitute a direct attack on Moche and that the president had posted in a personal capacity rather than as a representative of the state.

"What mattered most were the facts I was asked to consider," Recondo told Courthouse News. "Emotional elements often take precedence when a child is involved, but I had to determine whether there was, in fact, an aggression."

He concluded that there was not. Recondo added that he did not see the ruling as a victory for the president but rather a win for freedom of expression. "I'm not granting Milei immunity," he said. "This doesn't mean that what he says won't have consequences if it's violent or aggressive."

In his deposition, Milei argued that he is entitled to the same rights as any other citizen when it comes to expressing his thoughts and views. "Just as politicians, citizens, and activists express their opinions about me every day, I have the right to do the same," the president said in his defense. "The fact that he's an underage child and an activist does not mean he isn't a public figure."

Ultimately, both Milei and Recondo agreed that the criticism expressed in the X post was not directed specifically at Moche, rendering the lawsuit unfounded.

The Moche family's lawyer, Andres Gil Dominguez, told Courthouse News that freedom of expression should primarily protect individuals in relation to the state, not the president in a dispute with an autistic child.

Milei, who assumed office in December 2023 following an unconventional campaign that included promises to "burn down" the Central Bank, has frequently clashed with former officials, activists, journalists and artists. Many of these disputes began before his political career and have continued into his presidency, resulting in other legal action like a recent case brought by a high-profile opposition journalist.

Moche's mother, Marlene Spesso, said the president's post intensified ongoing online harassment of her son. "Milei believes he's above everyone else," she said in an interview. "No one had gone this far before, and I believe that's dangerous." She also noted that, following the judge's ruling, several international organizations had expressed interest in taking up the matter.

Gil Dominguez sharply criticized the decision, arguing that the court had erred by treating the president as a private citizen. "He is the president, and he insulted a disabled child," Gil Dominguez said. "Had the judge properly considered Argentina's constitutional norms and the international treaties protecting children's rights, he would have ordered the post removed."

On Wednesday, in a major legislative setback for Milei's austerity agenda, Argentina's lower house of Congress voted to override his veto of a bill aimed at increasing support for people with disabilities. It was a huge win for disability activists, who earlier this month took to the streets by the hundreds to protest the president's vetoes on pension and disability spending increases.

The "Disability Emergency Law," which seeks to guarantee access to health care and reinstate a state employment quota for disabled individuals, passed with a decisive 172-73 vote. The bill surpassed the two-thirds majority required to overturn a presidential veto. It now moves to the Senate, where it will face further scrutiny and serve as a critical test of Milei's ability to manage a deeply divided Congress.

Also on Wednesday, the government placed the National Agency for Disabilities under intervention, citing unconfirmed claims of corruption involving top executive and legislative officials.

Following Recondo's decision, the Moche family filed an appeal. They told Courthouse News they intend to exhaust all legal avenues within Argentina while also exploring potential remedies in international courts.

Source: Courthouse News Service