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After two earlier judgments by the European Court of Human Rights, the Grand Chamber of the Court again held that there has been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights on account of the continued prohibition on broadcasting on Swiss Television a commercial by an animal rights association. In response to various advertisements produced by the meat industry, Verein gegen Tierfabriken Schweiz (VgT) made a television commercial expressing criticism of battery pig-farming, including a scene showing a noisy hall with pigs in small pens. The advertisement...

The Swiss radio and television broadcasting company (Société Suisse de Radiodiffusion et Télévision - SSR) and the main Swiss associations in the audiovisual industry have concluded a new collaboration agreement, that was signed in Locarno on 7 August 2009. The agreement is based on Article 17 of the concession granted to SSR, which requires SSR to regulate by contract the main features of its collaboration with the independent audiovisual industry. Under Article 2 of the concession, SSR is also required, in providing its services, to guarantee that an appropriate part of the market is granted...

The Tribunal administratif fédéral (Federal Administrative Tribunal - TAF) has defined the notion of what constitutes a “Swiss film” for the purposes of the Loi fédérale sur la culture et la production cinématographiques (Cinema Law - LCin). Recognition of an audiovisual work as a “Swiss film” means that it has access to the Federal aid provided for in the Cinema Act. According to Article 2 (2) of the Act, the term “Swiss film” is deemed to mean a film (a) that has been produced in the main by an author who has Swiss nationality or is domiciled in Switzerland, (b) that has been produced by a natural...

Swisscom, the leading telecom company in Switzerland, does indeed occupy a dominant position on the market for broadband services. The Federal Administrative Tribunal ( Tribunal Administratif Fédéral - TAF) confirmed the fact in a decision that henceforth obliges Swisscom to ensure that its competitors have regulated access to all its broadband land lines in order to enable them to deploy their own installations. Under Article 11 (1) of the Telecommunications Act ( Loi sur les Télécommunications - LTC), those suppliers of telecommunications services that occupy a dominant position on the market...

The company Métropole Télévision operates the French television channel M6. Although this is aimed at the French public, it is possible to receive its signal, broadcast by satellite and terrestrially, in Switzerland as a result of natural overspill. Since January 2002, Métropole Télévision has been broadcasting a second signal, separate from the one used for broadcasting in France. This second signal, distributed in Switzerland by a number of cable distributors, uses all the programming broadcast by M6 in France, but incorporates advertising messages directed specifically at viewers in the French-speaking...