e24702_SN008
Translated from French
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punished with a prison term of six (6) months to seven (7) years and a fine of 1,000,000
to 10,000,000 francs.
Article 431-42
In the event of conviction, the court may order the confiscation of materials, equipment,
instruments, computer programs or any devices or data belonging to the convicted person
that have been used to commit the offenses established in Articles 431-8 to 431-41 of the
present Law.
CHAPTER V: OFFENSES RELATING TO THE ACTIVITIES OF TECHNICAL
PROVIDERS OF ELECTRONIC COMMUNICATION SERVICES TO THE
PUBLIC
Article 431-43
Anyone who, with the aim of securing the withdrawal of content or of an activity or of
stopping the dissemination thereof, presents said content or activity to the persons
mentioned in Article 3, paragraph 2, of the Law on Electronic Transactions as unlawful
while knowing that it is not shall be punished with a prison term of six (6) months to one
(1) year and/or a fine of 200,000 to 1,000,000 francs.
Article 431-44
Any natural person or de jure or de facto director of a legal entity engaged in one of the
activities set out in Article 3, paragraphs 1 and 2, of the Law on Electronic Transactions
who fails to fulfill the obligations set out in the fourth subparagraph of Article 3,
paragraph 5, of the Law on Electronic Transactions, or fails to retain the information
referred to in the first paragraph of Article 4 of the aforementioned Law or fails to
comply with a request from a judicial authority to provide said information shall be
punished with a prison term of six (6) months to one (1) year and/or a fine of 100,000 to
500,000 francs.
Article 431-45
Any natural person or de jure or de facto director of a legal entity engaged in the activity
set out in Article 3 of the Law on Electronic Transactions who fails to comply with the
requirements of that Article shall be punished with a prison term of six (6) months to one
(1) year and/or a fine of 200,000 to 1,000,000 francs.
Article 431-46
Any natural person or de jure or de facto director of a legal entity engaged in the activity
set out in Article 3 of the Law on Electronic Transactions who fails to comply with the
requirements of Article 5 of that Law shall be punished with a prison term of six (6)
months to one (1) year and/or a fine of 200,000 to 2,000,000 francs.
Article 431-47
Any editor of a publication who is requested to publish a reply relating to the exercise of
the right of reply, in implementation of Article 6 of the Law on Electronic Transactions,
shall be obliged to do so within twenty-four (24) hours of receipt of the request; failure