Switzerland
[CH] Full payment of licence fee for Swiss television channels even if reception is disturbed
IRIS 1996-1:1/12
Oliver Sidler
Medialex
Even though a person may not be receiving the Swiss television channels free of disturbance, he must still pay the full licence fee. A case on this point brought by a viewer who only watched foreign television channels, received using a parabolic reflector, was rejected by the Federal Court. The uniform charge did not violate Article 4 of the Federal Constitution, as this follows on from the right to use the State telegraphic utilities; this right is granted equally to all. It is up to the individual to decide what advantage to make of it, ie which and how many channels to receive, whether and how often to actually use the licence (for which he applied).
References
- Bundesgerichtsentscheid vom 19. Juni 1995 (2A.3/1995/err), X. g. Schweizerische PTT-Betriebe.
- Federal Court ruling of 19 June 1995 (2A.3/1995/err), X vs Schweizerische PTT-Betriebe.
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.