1. Criminal Offences (Penal Category) (Offences involving criminal liability, imprisonment, and criminal fines)
Offence / Violation	Legal Provision	Prosecution Type	Applicable to ESCC + All editors and all chain of publication	Penalties (Imprisonment / Criminal Fines)
Aggravated defamation via press and telematic means	Art. 595 Italian Criminal Code; Art. 13 Press Law 47/1948	Ex officio	Yes	Imprisonment up to 3 years; criminal fine up to €50,000
Unlawful processing of personal data	Art. 167 Italian Privacy Code; GDPR	Ex officio	Yes	Imprisonment from 6 months to 3 years
Disclosure of special‑category health data	Art. 9 GDPR + Art. 167	Ex officio (if harm occurs)	Yes	Imprisonment up to 3 years
Disclosure of judicial data (“spent” conviction)	Art. 10 GDPR + Art. 167	Ex officio (if harm occurs)	Yes	Imprisonment up to 3 years
Aggravated editorial liability (using a Prosecution Summary as if it were a judgment)	Press Law 47/1948	Ex officio if aggravated	Yes	Imprisonment up to 2 years; criminal fine up to €30,000

2. Civil Violations (Civil Category) (No imprisonment; civil liability, damages, rectification orders)
Violation	Legal Provision	Prosecution Type	Applicable to ESCC + All editors and all chain of publication	Civil Consequences
Simple defamation	Art. 595 Italian Criminal Code	By complaint (querela)	Yes	Unlimited damages, mandatory rectification, removal orders + Publication of sentence on own website in most visible page
Right to erasure (“right to be forgotten”)	Art. 17 GDPR	By complaint	Yes	Erasure orders; damages; de‑indexing obligations
Right to rectification	Art. 16 GDPR	By complaint	Yes	Mandatory correction; damages
Right to object ignored	Art. 21 GDPR	By complaint	Yes	Cessation orders; damages
Violation of the right to defence (non‑notification of judgment)	Art. 6 ECHR; Art. 24 Italian Constitution	By complaint	Yes	Damages; aggravation of editorial liability
Non‑aggravated privacy violations	Art. 2‑sexies, 99 Italian Privacy Code	By complaint	Yes	Damages; corrective measures

3. Administrative / Regulatory Violations (Administrative Category) (GDPR, TCA, ECHR – administrative fines and regulatory measures)
Violation	Legal Provision	Prosecution Type	Applicable to ESCC + All editors and all chain of publication	Administrative Sanctions
Inaccuracy (incorrect data, inverted chronology)	Art. 5(1)(d) GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Violation of data minimisation (address, medical details)	Art. 5(1)(c) GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Unlawful retention (expired public interest)	Art. 5(1)(e) GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Lack of lawful basis after withdrawal of the source	Art. 6 GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Failure to cooperate with supervisory authorities (cross‑border)	Art. 56–66 GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Extraterritorial applicability of GDPR	Art. 3(2) GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Violation of the UK‑EU Trade and Cooperation Agreement (data flows)	TCA 2020	Administrative	Yes	Regulatory corrective measures; potential suspension of data flows
Reputational profiling (SEO, snippets, algorithmic amplification)	Art. 5 GDPR	Administrative	Yes	Fines up to €20 million or 4% of global turnover
Violations of ECHR (privacy, reputation)	Art. 8–10 ECHR	Administrative / Civil	Yes	Damages; removal orders; compliance directives

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Informativa introduttiva