Section 1: Film ombudsman

The Cinema Mediator is responsible for the prior conciliation of any dispute relating to : 1° Access to cinematographic works by exhibitors of cinematographic establishments and access to cinematographic works in cinemas, as well as, more generally, the conditions for the theatrical exhibition of these works, which originates from a de facto monopoly situation, a dominant position or any other situation the purpose of which is or may be to…

Within the framework of the missions listed in 1° and 2° of article L. 213-1, the Film Ombudsman may be approached by any natural person or legal entity concerned, by any interested professional or trade union organisation or by the Chairman of the Centre national du cinéma et de l’image animée. It may also take up any matter within its remit on its own initiative.

The Film Ombudsman promotes or encourages any conciliatory solution. He may make the conciliation report public.

Failing conciliation, the Film Ombudsman may issue an injunction within a maximum of two months from the date of referral, which may be made public.

Each year, the Film Ombudsman examines the implementation of programming commitments made in application of 1° and 2° of article L. 212-23. He may obtain any additional information he deems useful. As part of this review, it makes observations and recommendations which are forwarded to the Chairman of the Centre national du cinéma et de l’image animée.

The Film Ombudsman refers to the Autorité de la concurrence any practices prohibited by articles L. 420-1, L. 420-2 and L. 420-5 of the French Commercial Code that come to his attention in the film distribution sector. This referral may be made under an emergency procedure, in accordance witharticle L. 464-1 of the French Commercial Code. The mediator may also refer any competition-related matter to the Autorité de la concurrence…

The Cinema Mediator intervenes in the settlement of disputes and takes his decisions without receiving instructions from any authority. These decisions may not be overturned.

If the facts of which he is aware are likely to be classified as criminal, the cinema ombudsman will inform the public prosecutor with territorial jurisdiction, in accordance with the provisions of article 40 of the Code of Criminal Procedure.

A decree in the Conseil d’Etat, issued after obtaining the opinion of the Autorité de la Concurrence, sets out the terms and conditions for the application of the provisions of this section.