Art. 38 – Principle

3Section 1 Obligation to Notify and to Obtain a Licence

Read: Art. 3 – Obligation to Notify and to Obtain a Licence Art. 3Art. 3 Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 20… Read Direct link

3Section 1a Independence from the State

Read: Art. 3a – Independence from the State Art. 3aArt. 3a Radio and television are independent from the state. Read Direct link

3Section 2 Content Principles

Read: Art. 4 – Minimum requirements for programme service content Art. 4 – Minimum requirements for programme service contentArt. 4 Minimum requirements for programme service content 1 All radio or television programmes must respect fundamental rights. In particular, programmes must respect human dignity, must be neither discriminatory nor co… Read Direct link

Read: Art. 5 – Programmes unsuitable for young people Art. 5 – Programmes unsuitable for young peopleArt. 5 Programmes unsuitable for young people Through the choice of transmission time or other measures, broadcasters must ensure that minors are not confronted by programmes which jeopardise their physical, mental, mor… Read Direct link

Read: Art. 5a – Minimum requirements for other journalistic services from SRG SSR Art. 5a – Minimum requirements for other journalistic services from SRG SSRArt. 5a Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl… Read Direct link

Read: Art. 6 – Autonomy Art. 6 – AutonomyArt. 6 Autonomy Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 213… Read Direct link

Read: Art. 7 – Other requirements for programme services of television broadcasters Art. 7 – Other requirements for programme services of television broadcastersArt. 7 Other requirements for programme services of television broadcasters Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Amended by No I of the Federal A… Read Direct link

Read: Art. 8 – Publication obligations Art. 8 – Publication obligationsArt. 8 Publication obligations 1 SRG SSR and the broadcasters with a licence under Article 38 paragraph 1 letter a or Article 43 paragraph 1 letter a must: Amended by Annex No 6 of the Federal Act of 26 Sept. 2014, in f… Read Direct link

3Section 3 Advertising and Sponsorship

Read: Art. 9 – Identifiability of advertising Art. 9 – Identifiability of advertisingArt. 9 Identifiability of advertising 1 Advertising must be clearly separated from the editorial part of the programme service and must be clearly identifiable as such. The Federal Council may prohibit those forms of ad… Read Direct link

Read: Art. 10 – Bans on advertising Art. 10 – Bans on advertisingArt. 10 Bans on advertising 1 Advertising for the following is prohibited: a. Amended by Annex 3 No 1 of the Tobacco Products Act of 1 Oct. 2021, in force since 1 Oct. 2024 (AS 2024 457; BBl 2019 919). Amended by Annex… Read Direct link

Read: Art. 11 – Insertion and duration of advertising Art. 11 – Insertion and duration of advertisingArt. 11 Insertion and duration of advertising 1 Advertising must as a principle be inserted between individual programmes and must be broadcast in blocks. The Federal Council determines when deviations from this princip… Read Direct link

Read: Art. 12 – Sponsorship Art. 12 – SponsorshipArt. 12 Sponsorship 1 The content and scheduling of sponsored programmes fall within the exclusive responsibility of the broadcaster. The latter shall ensure that the sponsor does not influence the programme in a manner… Read Direct link

Read: Art. 13 – Protection of minors Art. 13 – Protection of minorsArt. 13 Protection of minors 1 Advertising which is aimed at minors or in which minors appear may neither exploit their lack of life experience nor harm them in their physical or mental development. The Federal Council… Read Direct link

Read: Art. 14 – Special provisions for the SRG SSR Art. 14 – Special provisions for the SRG SSRArt. 14 Special provisions for the SRG SSR 1 Advertising is prohibited in the radio programme services of the SRG SSR. The Federal Council may provide for exceptions for self-promotion. 2 ... Repealed by No I of the Fed… Read Direct link

3Section 4 Notification, Information, Reporting and Recording Obligations

Read: Art. 15 – Notification of revenue from advertising and sponsorship Art. 15 – Notification of revenue from advertising and sponsorshipArt. 15 Notification of revenue from advertising and sponsorship Licensed broadcasters of Swiss programme services must notify OFCOM Expression in accordance with No I of the Federal Act of 26 Sept. 2014, in force since… Read Direct link

Read: Art. 16 – Notification of holdings Art. 16 – Notification of holdingsArt. 16 Notification of holdings Broadcasters of Swiss programme services must notify OFCOM of any changes in capital and in voting rights as well as any substantial holdings in other undertakings. Read Direct link

Read: Art. 17 – Obligation to provide information Art. 17 – Obligation to provide informationArt. 17 Obligation to provide information 1 Broadcasters are obliged to provide the licensing and supervisory authorities free of charge with the information and to produce the documents that the authorities require for… Read Direct link

Read: Art. 18 – Annual report and annual accounts Art. 18 – Annual report and annual accountsArt. 18 Annual report and annual accounts 1 Broadcasters of Swiss programme services must submit an annual report and annual accounts to the Federal Office. The Federal Council exempts certain categories of broadcasters… Read Direct link

Read: Art. 19 – Statistical information Art. 19 – Statistical informationArt. 19 Statistical information 1 OFCOM produces statistics in cooperation with the Federal Statistical Office. These contain the information which the competent authorities require: a. for legislation and the applicati… Read Direct link

Read: Art. 20 – Recording and retention of programmes and contributions as part of the other journalistic services from SRG SSR Art. 20 – Recording and retention of programmes and contributions as part of the other journalistic services from SRG SSRArt. 20 Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2… Read Direct link

Read: Art. 21 – Conservation of programme services Art. 21 – Conservation of programme servicesArt. 21 Conservation of programme services 1 The Federal Council may require Swiss broadcasters to keep recordings of their programme services available so that these remain permanently conserved for the public. Broadca… Read Direct link

3Section 5 Licence Fee

Read: Art. 22 – Licence Fee Art. 22Art. 22 1 Licensed broadcasters of Swiss programme services pay an annual fee for their licence. The revenue from the licence fee is used primarily to promote research projects in the radio and television sector (Art. 7… Read Direct link

3Section 1 Programme Service Mandate and Licence

Read: Art. 23 – Principle Art. 23 – PrincipleArt. 23 Principle The SRG SSR provides a service for the community. In so doing, it does not attempt to make a profit. Read Direct link

Read: Art. 24 – Programme service mandate Art. 24 – Programme service mandateArt. 24 Programme service mandate 1 The SRG SSR fulfils the constitutional mandate in the area of radio and television (the programme service mandate). In particular: a. it supplies the entire population comprehensively… Read Direct link

Read: Art. 25 – Licence Art. 25 – LicenceArt. 25 Licence 1 The Federal Council awards the SRG SSR a licence. 2 A public consultation is held before the award of the licence or before changes to the licence with consequences for media policy. 3 The licence dete… Read Direct link

3Section 2 Editorial Programming

Read: Art. 26 – Restrictions on regional programming Art. 26 – Restrictions on regional programmingArt. 26 Restrictions on regional programming 1 The SRG SSR is prohibited from broadcasting regional programme services. 2 The SRG SSR may with the approval of DETEC insert time-limited regional windows in its radio prog… Read Direct link

Read: Art. 27 – Programme production Art. 27 – Programme productionArt. 27 Programme production The SRG SSR’s programme services shall be produced predominantly in the language regions for which they are intended. Read Direct link

Read: Art. 28 – Editorial programming for foreign countries Art. 28 – Editorial programming for foreign countriesArt. 28 Editorial programming for foreign countries 1 The Federal Council shall periodically agree with the SRG SSR the scope of editorial programming for foreign countries in accordance with Article 24 paragraph 1 lett… Read Direct link

3Section 3 Unlicensed Activities

Read: Art. 29 – Unlicensed Activities Art. 29Art. 29 1 The SRG SSR and undertakings controlled by it must report in advance to OFCOM activities which are not laid down in the licence and which may adversely affect the position and mission of other Swiss media unde… Read Direct link

3Section 4 Broadcasting of SRG SSR Programme Services

Read: Art. 30 – Broadcasting of SRG SSR Programme Services Art. 30Art. 30 1 The radio and television programme services of the SRG SSR shall be broadcast at least over the entire linguistic region concerned. At least one SRG SSR radio and television programme service shall be broadcas… Read Direct link

3Section 5 Organisation and Finance

Read: Art. 31 – Organisation of the SRG SSR Art. 31 – Organisation of the SRG SSRArt. 31 Organisation of the SRG SSR 1 The SRG SSR shall organise itself so that: a. its autonomy and independence from the state and from social, economic and political groupings is guaranteed; b. it is managed economic… Read Direct link

Read: Art. 32 – Management bodies Art. 32 – Management bodiesArt. 32 Management bodies 1 The mandatory management bodies are the General Assembly, the Board of Directors, the auditor and the Executive Board. 2 Unless this Act provides otherwise, the provisions of the law on compa… Read Direct link

Read: Art. 33 – Board of Directors Art. 33 – Board of DirectorsArt. 33 Board of Directors 1 The Federal Council may nominate up to a quarter of the members of the Board of Directors. 2 The Board of Directors does not issue individual directives in matters related to current program… Read Direct link

Read: Art. 34 – Finance Art. 34 – FinanceArt. 34 Finance The SRG SSR is mainly financed by radio and television fees. Other sources of finance are available to it, unless this is restricted by this Act, the Ordinance, the licence or relevant international law. Read Direct link

Read: Art. 35 – Use of financial resources Art. 35 – Use of financial resourcesArt. 35 Use of financial resources 1 The SRG SSR and the undertakings controlled by it shall conduct their financial accounting in accordance with the recognised principles of best practice. They shall conduct themselve… Read Direct link

Read: Art. 36 – Financial supervision Art. 36 – Financial supervisionArt. 36 Financial supervision 1 The SRG SSR and the undertakings controlled by it shall maintain their books in accordance with the regulations which apply to companies limited by shares and in accordance with the accou… Read Direct link

Read: Art. 37 – Holdings in other broadcasting companies Art. 37 – Holdings in other broadcasting companiesArt. 37 Holdings in other broadcasting companies SRG SSR holdings in other broadcasters are subject to the approval of DETEC. Read Direct link

3Section 1 Licences with a Performance Mandate and a Share of Fees

Read: Art. 38 – Principle Art. 38 – PrincipleArt. 38 Principle 1 Licences with a performance mandate and a share of fees (fee-sharing licences) may be awarded to broadcasters of local-regional programme services which: a. provide to an area that has no adequate fu… Current article Read Direct link

Read: Art. 39 – Coverage areas Art. 39 – Coverage areasArt. 39 Coverage areas 1 After consultation with the Federal Communications Commission, the Federal Council determines the number and extent of the coverage in which fee-sharing licences are awarded, as well as the tech… Read Direct link

Read: Art. 40 – Share of fees Art. 40 – Share of feesArt. 40 Share of fees 1 The share of fees for broadcasters receiving a share of fees in terms of Article 68a paragraph 1 letter b amounts to 4 to 6 per cent of the revenue from radio and television fees. The Federal Cou… Read Direct link

Read: Art. 41 – Obligations of broadcasters with fee-sharing licences Art. 41 – Obligations of broadcasters with fee-sharing licencesArt. 41 Obligations of broadcasters with fee-sharing licences 1 Broadcasters which hold a fee-sharing licence must fulfil the performance mandate defined in the licence. In order to ensure the fulfilment of the performa… Read Direct link

Read: Art. 42 – Financial supervision Art. 42 – Financial supervisionArt. 42 Financial supervision 1 The licensee shall submit the accounts to OFCOM on an annual basis. The latter shall examine whether the financial resources have been used economically and in accordance with the regulat… Read Direct link

3Section 2 Licence with Performance Mandate but without a Share of Fees

Read: Art. 43 – Licence with Performance Mandate but without a Share of Fees Art. 43Art. 43 1 DETEC may award other broadcasters a licence for wireless terrestrial broadcasting of a programme service if this programme service: a. takes account of local or regional particularities in an area by means of… Read Direct link

3Section 3 Licensing Regulations

Read: Art. 44 – General licence requirements Art. 44 – General licence requirementsArt. 44 General licence requirements 1 A licence may be awarded if the candidate: a. is able to fulfil the performance mandate; b. credibly demonstrates that it can finance the necessary investments and operation; c. de… Read Direct link

Read: Art. 45 – Licensing procedure Art. 45 – Licensing procedureArt. 45 Licensing procedure 1 Licences are awarded by DETEC. As a rule, OFCOM puts the licences out to tender; it may consult interested parties. 1bis Licences may be extended with a public tendering process, in particu… Read Direct link

Read: Art. 46 – Term and expiry of licences Art. 46 – Term and expiry of licencesArt. 46 Term and expiry of licences 1 Each licence is awarded for a specific term. As a rule, comparable licences are limited to the same term. 2 A licence expires in the case of relinquishment by the broadcaster, on wi… Read Direct link

Read: Art. 47 – Fulfilment of the performance mandate Art. 47 – Fulfilment of the performance mandateArt. 47 Fulfilment of the performance mandate 1 OFCOM examines whether the licensed programme service fulfils the performance mandate. For purposes of clarification, it may call in external expertise or experts. 2 If it… Read Direct link

Read: Art. 48 – Transfer of the licence Art. 48 – Transfer of the licenceArt. 48 Transfer of the licence 1 A transfer of the licence must be notified to DETEC before it takes place and must be approved by the latter. 2 DETEC examines whether the licence requirements are also met after the tr… Read Direct link

Read: Art. 49 – Amendment of the licence Art. 49 – Amendment of the licenceArt. 49 Amendment of the licence 1 DETEC may amend individual provisions of the licence before its term expires if the actual or legal conditions have changed and the amendment is necessary to safeguard important public… Read Direct link

Read: Art. 50 – Restriction, suspension and withdrawal of the licence Art. 50 – Restriction, suspension and withdrawal of the licenceArt. 50 Restriction, suspension and withdrawal of the licence 1 DETEC may restrict, suspend or withdraw the licence if: a. the licensee has acquired it as a result of incomplete or incorrect information; b. the licensee… Read Direct link

3Section 1 General

Read: Art. 68 – Principle Art. 68 – PrincipleArt. 68 Principle 1 The Confederation charges a fee to finance the performance mandate for radio and television in terms of the Federal Constitution (Art. 93 para. 2 FC). 2 The fee is charged for each household and each… Read Direct link

Read: Art. 68a – Amount of the fee and allocation key Art. 68a – Amount of the fee and allocation keyArt. 68a Amount of the fee and allocation key 1 The Federal Council shall determine the amount of the fee for households and for undertakings. The decisive factors are the need: a. to finance SRG SSR programme services… Read Direct link

3Section 2 Household Fee

Read: Art. 69 – General Provisions Art. 69 – General ProvisionsArt. 69 General Provisions 1 Household members’ obligation to pay begins on the first day of the month following the establishment of the household and ends on the last day of the month in which the household is dissolv… Read Direct link

Read: Art. 69a – Private households: obligation to pay Art. 69a – Private households: obligation to payArt. 69a Private households: obligation to pay 1 Each private household must pay the same fee. 2 The definition of a private household is governed by the legislation on the harmonisation of registers. 3 The following pe… Read Direct link

Read: Art. 69b – Private households: exemption from the obligation to pay Art. 69b – Private households: exemption from the obligation to payArt. 69b Private households: exemption from the obligation to pay 1 The following persons are exempted from the obligation to pay the fee: a. on application, persons who receive annual benefits under Article 3 paragraph… Read Direct link

Read: Art. 69c – Collective households Art. 69c – Collective householdsArt. 69c Collective households 1 Each collective household must pay the same fee. 2 The definition of a collective household is governed by the legislation on the harmonisation of registers. 3 The fee is owed by the pri… Read Direct link

Read: Art. 69d – Collection of the household fee Art. 69d – Collection of the household feeArt. 69d Collection of the household fee 1 The Federal Council may delegate the collection of the fee per household and related duties to a collection agency outside the federal administration. The legislation on public… Read Direct link

Read: Art. 69e – Duties and powers of the collection agency Art. 69e – Duties and powers of the collection agencyArt. 69e Duties and powers of the collection agency 1 The collection agency may issue administrative rulings: a. to fee payers: on the obligation to pay; b. to the cantons and communes: on the payments made under Articl… Read Direct link

Read: Art. 69f – Data processing by the collection agency Art. 69f – Data processing by the collection agencyArt. 69f Data processing by the collection agency 1 In order to assess eligibility for an exemption from the fee under Article 69b paragraph 1 letter, the collection agency may process data that allows conclusions to be… Read Direct link

Read: Art. 69g – Obtaining data on households Art. 69g – Obtaining data on householdsArt. 69g Obtaining data on households 1 The collection agency shall obtain the data on households and their members required for collecting the fee from the following registers: a. the register of residents (Art. 2 para… Read Direct link

3Section 3 Corporate Fee

Read: Art. 70 – Undertaking’s obligation to pay Art. 70 – Undertaking’s obligation to payArt. 70 Undertaking’s obligation to pay 1 A corporate undertaking is required to pay the fee if it reached the minimum turnover fixed by the Federal Council in the tax period that ended in the previous calendar year in… Read Direct link

Read: Art. 70a – Collecting the corporate fee Art. 70a – Collecting the corporate feeArt. 70a Collecting the corporate fee 1 The FTA collects the fee. 2 Each year, when assessing the liability to pay VAT, the FTA shall allocate each undertaking liable to pay the fee to a tariff category and invoice it f… Read Direct link

Read: Art. 70b – Due date and enforcement Art. 70b – Due date and enforcementArt. 70b Due date and enforcement 1 The fee becomes due for payment 60 days after it is invoiced and the debt prescribes five years after the due date. In the event of late payment, default interest of 5 per cent per an… Read Direct link

Read: Art. 70c – Reporting by the FTA Art. 70c – Reporting by the FTAArt. 70c Reporting by the FTA 1 The FTA must keep its activities in collecting the fee separate from its other activities in its accounts. 2 It shall publish its annual accounts each year, together with an annual report… Read Direct link

Read: Art. 70d – Confidentiality and data processing Art. 70d – Confidentiality and data processingArt. 70d Confidentiality and data processing 1 The FTA shall process data required to carry out its activities in accordance with this Act. The provisions of the VATASR 641.20 on data processing apply. SR 641.20 2 The d… Read Direct link

3Section 1 Media Research

Read: Art. 77 – Media Research Art. 77Art. 77 The Federal Council regulates the requirements and calculation criteria in accordance with which research projects in the radio and television sector are supported from the licence fee (Art. 22). Read Direct link

3Section 2 Foundation for Audience Research

Read: Art. 78 – Function Art. 78 – FunctionArt. 78 Function 1 The Foundation for Audience Research is responsible for collecting scientific data on the use of radio and television in Switzerland. In doing so, it must apply scientific methodology and is independe… Read Direct link

Read: Art. 79 – Data reporting and delivery Art. 79 – Data reporting and deliveryArt. 79 Data reporting and delivery 1 The Foundation publishes the most important results of its surveys at least once a year. 2 It makes the basic data on use available to third parties at prices which cover the costs.… Read Direct link

Read: Art. 80 – Organisation Art. 80 – OrganisationArt. 80 Organisation 1 The Foundation regulates its organisation and its activities by means of regulations which must be approved by DETEC. 2 The board of the Foundation comprises the same number of representatives fro… Read Direct link

Read: Art. 81 – Finance contribution Art. 81 – Finance contributionArt. 81 Finance contribution 1 The Foundation receives an annual contribution from the revenue from radio and television fees for the development and acquisition of survey methods and systems. 2 The Federal Council dete… Read Direct link

3Section 1 Procedures

Read: Art. 86 – Principles Art. 86 – PrinciplesArt. 86 Principles 1 OFCOM shall ensure that this Act and its implementing provisions, the licence and relevant international agreements are complied with. The Complaints Authority is responsible for dealing with compla… Read Direct link

Read: Art. 87 – Information for the public Art. 87 – Information for the publicArt. 87 Information for the public 1 The supervisory authorities shall inform the public of their activities. In particular, they may publish the decisions on administrative and criminal matters and make them accessible… Read Direct link

Read: Art. 88 – Data protection Art. 88 – Data protectionArt. 88 Data protection 1 The supervisory authorities may process sensitive personal data if this is necessary for the performance of the duties imposed by this Act. 2 Data processing is governed by the provisions of th… Read Direct link

3Section 2 Measures in the event of Infringements

Read: Art. 89 – General Art. 89 – GeneralArt. 89 General 1 If the supervisory authority establishes an infringement of the law, it may: a. require the natural or legal person responsible for the infringement: 1. to remedy the deficiency and take measures to en… Read Direct link

Read: Art. 90 – Administrative penalties Art. 90 – Administrative penaltiesArt. 90 Administrative penalties 1 The supervisory authority may impose a penalty not exceeding 10 per cent of its average turnover achieved in Switzerland in the previous three business years on any person who: a. viol… Read Direct link

3Section 1 Report Procedure of the Ombudsman Service

Read: Art. 91 – Ombudsman services Art. 91 – Ombudsman servicesArt. 91 Ombudsman services 1 The Complaints Authority shall designate an independent ombudsman service for each region of the three official languages; the ombudsman service is attached to the Complaints Commission for… Read Direct link

Read: Art. 92 – Reports Art. 92 – ReportsArt. 92 Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2… Read Direct link

Read: Art. 93 – Procedure Art. 93 – ProcedureArt. 93 Procedure 1 The ombudsman service examines the case and mediates between the parties concerned. It may in particular: a. discuss the matter with the broadcaster or in minor cases hand it over to it for direct se… Read Direct link

3Section 2 Complaints Procedure of the Complaints Authority

Read: Art. 94 – Right to submit a complaint Art. 94 – Right to submit a complaintArt. 94 Right to submit a complaint 1 Complaints against an editorial publication that has appeared or against refusal to grant access may be submitted by any person who: Amended by No I of the Federal Act of 26 Sept. 2… Read Direct link

Read: Art. 95 – Time limit and form of the complaint Art. 95 – Time limit and form of the complaintArt. 95 Time limit and form of the complaint 1 Within 30 days of receipt of the report in accordance with Article 93 paragraph 3, a complaint may be submitted in writing with the Complaints Authority. The ombudsman serv… Read Direct link

Read: Art. 96 – Consideration of the complaint and correspondence Art. 96 – Consideration of the complaint and correspondenceArt. 96 Consideration of the complaint and correspondence 1 If there is a public interest in a decision, the Complaints Authority shall also consider complaints which have been submitted within the time limit but which… Read Direct link

Read: Art. 97 – Decision Art. 97 – DecisionArt. 97 Decision 1 The deliberations of the Complaints Authority are public unless private interests worthy of protection demand otherwise. 2 The Complaints Authority determines whether: a. the contested editorial publi… Read Direct link

Read: Art. 98 – Costs Art. 98 – CostsArt. 98 Costs 1 Proceedings of the Complaints Authority are free of charge. 2 The complainant may be charged the procedural costs for vexatious complaints. APASR 172.021 applies. SR 172.021 Read Direct link