The member of the Autorité de régulation de la communication audiovisuelle et numérique responsible for carrying out the mission provided for in paragraph 1 of sub-section 3 of this section and the authorised and sworn agents mentioned in article L. 331-14 may record acts likely to constitute infringements provided for in articles L. 335-2, L. 335-3, L. 335-4 and L. 335-7-1 when they are committed on electronic communications networks used for the provision of online public communication services.
They may also gather observations from the persons concerned. This right shall be mentioned in the letter of summons.
When the persons concerned request to be heard, they shall summon them and hear them. Any person heard has the right to be assisted by counsel of his or her choice.
In accordance with Article 28 of the Code of Criminal Procedure, Article 61-1 of the same Code is applicable when a person is heard in respect of whom there are reasonable grounds for suspecting that he or she has committed or attempted to commit an offence.
A copy of the minutes of the hearing is given to the person concerned.