Switzerland

[CH] Nationalrat votes for network neutrality to be enshrined in legislation

IRIS 2014-8:1/13

Daniel Bittmann

Institute of European Media Law (EMR), Saarbrücken/Brussels

According to media reports, on 17 June 2014, the Swiss Nationalrat (the larger of the two chambers of the Swiss Federal Parliament, comprising 200 members) passed a motion that the requirement for network neutrality be enshrined in the Fernmeldegesetz (Telecommunications Act) by a 111-61 majority, with 18 abstentions.

Under the motion, the Bundesrat (Swiss Federal Government) which, according to Article 174 of the Bundesverfassung (Federal Constitution), is the supreme governing and executive authority of the Confederation, is required, as part of the planned partial revision of the Telecommunications Act, to enshrine the network neutrality principle in the new Act, in order to guarantee the transparent and non-discriminatory transfer of data via the Internet. Under such a motion, the Bundesrat is obliged to table a draft decree or take an alternative measure.

The motion considers network neutrality a foundation stone of the right to freedom of information and expression on the Internet, whether via fixed or mobile networks.

The motion also requires the approval of the Ständerat, the smaller chamber of the Swiss Federal Parliament, which represents the individual cantons and has 46 members. However, the Christian Democratic People’s Party of Switzerland (CVP) and the Liberals (FDP), both of which voted against the motion in the Nationalrat, have a majority in the Ständerat. Before the Ständerat votes, the motion will be discussed by one of its committees (it has 11 standing, 9 legislative and 2 supervisory committees) which, based on those discussions, will then submit a recommendation to the Ständerat.