ESCC Compensation criteria
All Media Reports > ESCC newsroom
Date: 24/05/2026
⭐ INTRODUCTORY FRAMEWORK FOR THE ASSESSMENT OF DAMAGES
Applicable periods: 23 December 2022 – 16 April 2026 (direct liability of ESCC) and 23 December 2022 – date of removal by derivative media (indirect liability)
This document sets out the methodological and legal framework for the assessment of damages arising from the publication, international dissemination, and prolonged online persistence of the ESCC / ESCC Newsroom article, together with the subsequent republication of derivative articles by third‑party media outlets.
The purpose of this introduction is to establish the factual and legal premises necessary to quantify the harm suffered, distinguishing between direct liability attributable to ESCC and indirect liability attributable to media organisations that reproduced the unlawful content.
1. Illegality of the publication ab origine
The publication issued on 23 December 2022 was unlawful from the outset, for reasons that are structural, procedural, and substantive:
- The article was based on a Prosecution Summary, not on a final judicial determination.
- The underlying sentence had never been notified to the Defendant.
- As a consequence, the sentence was not final, and the time limit for appeal had never commenced.
- The publication therefore interfered directly with the Defendant’s right to appeal, creating a procedural prejudice of exceptional gravity.
- ESCC itself confirmed on 1 October 2024 that the article had been drafted on the basis of the PCS provided by the prosecution, without independent verification.
- The publication was accessible internationally, without georestriction, in breach of the principles of necessity, proportionality, and data minimisation.
- The publication triggered widespread derivative republication by multiple media outlets, amplifying the reputational and procedural harm.
These elements render the publication unlawful ab origine, and establish ESCC’s direct and primary liability.
2. Period of direct liability of ESCC (23 December 2022 – 16 April 2026)
ESCC bears direct responsibility for the entire period during which the unlawful article remained accessible, namely:
- from 23 December 2022 (date of publication)
- until 16 April 2026 (date of full hard removal from servers, cache, and indexing)
During this period, ESCC:
- maintained online a publication acknowledged as illegitimate;
- failed to implement georestriction despite formal notice (29 August 2024 and 22 September 2024);
- confirmed the article’s derivative and unverified nature (1 October 2024);
- performed a defective removal on 23 December 2025, leaving the article effectively accessible until 16 April 2026.
This entire timeframe constitutes continuous unlawful exposure attributable exclusively to ESCC.
3. Period of indirect liability of derivative media (23 December 2022 – date of individual removal)
Media outlets that reproduced the ESCC article bear indirect liability, as their publications:
- originated from the unlawful ESCC content;
- extended the reach and duration of the harm;
- remained online even after ESCC’s removal;
- benefited from indexing, monetisation, and international visibility.
The period of indirect liability therefore runs:
- from 23 December 2022,
- until the actual removal of each derivative article,
which may extend beyond 16 April 2026.
This liability is secondary but causally dependent on ESCC’s original unlawful act.
4. Impact on the right of appeal
A central component of the damage is the compromise of the Defendant’s right to appeal, caused by:
- the absence of notification of the sentence;
- the consequent non‑commencement of the appeal period;
- the premature and unlawful publication of allegations;
- the international dissemination of unverified material;
- the creation of a public narrative based on a non‑final, non‑notified, and procedurally defective position.
This constitutes:
- procedural damage,
- reputational damage,
- existential damage,
- loss of chance,
- and damage arising from unlawful international dissemination.
5. Purpose of this introduction
This introduction establishes:
- the legal basis for liability;
- the temporal boundaries of the damage;
- the distinction between direct and indirect liability;
- the unlawfulness ab origine of the publication;
- the causal link between ESCC’s conduct and the harm suffered.
It provides the foundation for the forthcoming quantification of damages, covering:
- direct damages (ESCC),
- indirect damages (derivative media),
- procedural prejudice,
- reputational harm,
- loss of professional opportunities,
- and the consequences of prolonged international exposure.
