When the offence is committed by means of an online public communication service, persons guilty of the offences provided for in articles L. 335-2, L. 335-3 and L. 335-4 may also be sentenced to the additional penalty of suspension of access to an online public communication service for a maximum period of one year, together with a ban on signing another contract for a service of the same nature with any operator during the same period.
When this service is purchased under composite commercial offers including other types of services, such as telephone or television services, the suspension decisions do not apply to these services.
The suspension of access does not, of itself, affect the payment of the subscription price to the service provider. Article L. 121-84 of the Consumer Code is not applicable during the suspension period.
The costs of any termination of the subscription during the suspension period are borne by the subscriber.
When the decision is enforceable, the additional penalty provided for in this article shall be brought to the attention of the Autorité de régulation de la communication audiovisuelle et numérique, which shall notify it to the person whose activity is to offer access to online public communication services so that it implements, within a maximum of fifteen days from the notification, the suspension with regard to the subscriber concerned.
The failure of a person whose activity is to offer access to online public communication services to implement the suspension penalty notified to it is punishable by a maximum fine of €5,000.
3° of Article 777 of the Code of Criminal Procedure is not applicable to the additional penalty provided for by this article.