I.-Constitutes gross negligence, punishable by the fine laid down for fifth class offences, for the person holding access to online public communication services, without a legitimate reason, when the conditions laid down in II are met:
1° Either not to have put in place a means of securing this access;
2° Or to have lacked diligence in implementing this means.
II.-.The provisions of I are only applicable when the following two conditions are met:
1° Pursuant to article L. 331-20 and in the manner provided for in that article, the access holder has been recommended by the member of the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) designated in application of IV of Article 4 of Law No. 86-1067 of 30 September 1986 on freedom of communication to implement a means of securing his or her access that will prevent it from being used again for the purposes of reproduction, representation or making available or communicating to the public works or objects protected by copyright or by a related right without the authorisation of the holders of the rights provided for in Books I and II where this is required ;
2° In the year following the presentation of this recommendation, this access is again used for the purposes mentioned in 1° of this II.