For the fifth-class offences provided for in this code, where the regulations so provide, the additional penalty defined in Article L. 335-7 may be imposed in the same way, in the event of gross negligence, on the holder of access to an online public communication service to which the Autorité de régulation de la communication audiovisuelle et numérique, pursuant to Article L. 331-19, has previously sent, by means of a letter delivered against signature or any other means capable of establishing proof of the date of presentation, a recommendation inviting him to implement a means of securing his Internet access.
Gross negligence is assessed on the basis of acts committed no later than one year after the presentation of the recommendation referred to in the previous paragraph.
In this case, the maximum duration of the suspension is one month.
The fact that a person sentenced to the additional penalty provided for by this article fails to comply with the prohibition on taking out another subscription contract to an online public communication service during the period of suspension is punishable by a fine of up to €3,750.