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IRIS 2014-8:1/15 [CH] Swiss Government Wants To Modernise Copyright

The Federal Council (Switzerland’s Government) is to adapt the country’s legislation on copyright in keeping with the new demands placed on it by the Internet. It intends to adopt measures affecting Internet access providers (IAPs) as well as performers and consumers. The aim of the revised legislation is to strengthen the position of performers without affecting consumers’ rights. On 6 June 2014, the Federal Council therefore invited the Federal Department of Justice and Police to draw up draft legislation by the end of 2015, to be submitted to the parties concerned for consultation. The draft...

IRIS 2014-8:1/14 [CH] Ständerat approves universal broadcasting charge

After the Nationalrat (the larger of the two chambers of the Swiss Federal Parliament, comprising 200 members) had already given the green light, media reports indicate that on 19 June 2014 the Ständerat (the smaller chamber of the Swiss Federal Parliament, which represents the individual cantons and has 46 members) also agreed to the introduction of a universal broadcasting charge, which all companies and private households will have to pay, whether they own a reception device or not. Like the broadcasting charge that replaced the licence fee in Germany at the start of 2013, the new Swiss broadcasting...

IRIS 2014-8:1/13 [CH] Nationalrat votes for network neutrality to be enshrined in legislation

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...

IRIS 2014-8:1/12 [CH] Order On MEDIA Compensatory Measures

On 16 June 2014, the Federal Department of the Interior (DFI) adopted an order aimed at partially offsetting the negative effects of Switzerland’s non-participation in the MEDIA European programme for encouraging the audiovisual sector (Order on MEDIA compensatory measures). The Order, which came into effect retroactively on 1 January 2014, defines the objectives of the support granted by the Federal authorities, the instruments, and the criteria for allocating the compensatory measures. Although these are close to the European criteria, the new provisions will nevertheless not give Switzerland...

IRIS 2014-4:1/6 [CH] Federal Court Rules That Source Must Be Revealed After Drug Dealer Report

The Bundesgericht (Federal Court) has ordered a journalist at the Basler Zeitung to disclose to the public prosecutor’s office the name of a cannabis dealer profiled in one of her articles. In October 2012, the journalist had published a lengthy article entitled “Zu Besuch bei einem Dealer” (Visiting a dealer) in the printed and online versions of the Basler Zeitung. Another article headed “Schmuggelware aus Holland” (Smuggled goods from Holland) had appeared on the same page of the newspaper, dealing more generally with cannabis consumption in Switzerland and the political debate on the state-controlled...