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IRIS 2021-9:1/3 [CH] Switzerland adopts new obligations for audiovisual services

After 18 months of deliberation, the Swiss Parliament has adopted a revision of the Filmgesetz (Federal Act on Film Production and Film Culture – FiG) on 1 October 2021. The law introduces a quota for European works for non-linear services, as well as an investment obligation for both linear and non-linear services. The regulation closely follows the framework of the Audiovisual Media Services Directive (AVMSD) of the European Union. The volume of investment to films and audiovisual content is expected to increase by CHF 18 million per year. Non-linear services must include in their offer...

IRIS 2021-2:1/20 European Court of Human Rights: Schweizerische Radio- und Fernsehgesellschaft and publisuisse SA v. Switzerland

In a case about a TV commercial in support of animal protection, the European Court of Human Rights (ECtHR) accepted that broadcasters can be required to provide an outlet for critical opinions, even if the message is presented in a provocative manner. The ECtHR found that the obligation imposed on a nationwide public service broadcaster and on an advertising sales company to run a disputed commercial did not amount to a disproportionate interference with their right to freedom of expression as protected by Article 10 of the European Convention on Human Rights (ECHR). The two applicants in this...

IRIS 2020-7:1/11 [CH] Short- and long-term assistance for journalism

The Swiss Government (Bundesrat) has launched a package of short- and long-term measures to support the media industry. On 20 May 2020, it decided to provide a total of CHF 57.5 million in immediate emergency aid for various types of media. The Bundesrat was acting under the authority of the Swiss Parliament, which is concerned about the future of the media and the formation of public opinion (for example, with motions entitled “Independent and effective media are the backbone of our democracy”). The coronavirus pandemic has aggravated the longstanding problems faced by printed and...

IRIS 2019-9:1/7 [CH] Proposed Electronic Media Act replaced with rapidly implementable support measures

The Swiss government (Bundesrat) has abandoned its plan to fundamentally reform media law. It had originally planned to replace the existing Radio- und Fernsehgesetz (Radio and Television Act – RTVG) with a new Bundesgesetz über elektronische Medien (Electronic Media Act – BGeM) and, in June 2018, had launched a public consultation with interested parties concerning its draft Electronic Media Act (see IRIS 2018-06/11).  Under the draft tabled in 2018, public funding for services forming part of the public service would no longer have been limited to radio and television. Online media would also...

IRIS 2018-9:1/8 [CH] New rules for SRG: more public service, no targeted advertising

The Swiss Government has granted a new licence to the Schweizerische Radio- und Fernsehgesellschaft (Swiss Broadcasting Corporation - SRG) for the 2019-2022 period. The licence imposes more stringent requirements concerning the public service provided by the broadcaster. It comes barely six months after the referendum on the popular initiative entitled “Yes to the abolition of radio and television licence fees (abolition of Billag fees)”, which had called the SRG’s future into question. The initiative had been overwhelmingly rejected on 4 March 2018, with 71.6% of voters opposed to it. However,...