Federal Act on Radio and Television (RTVA) (RTVA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Section 1 Obligation to Notify and to Obtain a Lic
Art. 3
Any person wishing to broadcast a Swiss programme service must: a. notify this in advance to the Federal Office of Communications (OFCOM); or b. hold a licence in accordance with this Act.
Art. 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).
Section 1a Independence from the State
Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 3a
Radio and television are independent from the state.
Section 2 Content Principles
Art. 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 contribute to racial hatred, nor endanger public morals nor glorify or trivialise violence. 2 Editorial programmes with information content must present facts and events fairly, so that the audience can form its own opinion. Personal views and commentaries must be identifiable as such. 3 The programmes must not jeopardise the internal or external security of the Confederation or cantons, their constitutional order or the observance of Switzerland’s obligations under international law. 4 Licensed programme services must appropriately express the variety of events and opinions in the totality of their editorial programmes. If a coverage area is served by an adequate number of programme services, the licensing authority may release one or more broadcasters in the licence from the variety obligation.
Art. 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, moral or social development.
Art. 5a Minimum requirements for other journalistic services from SRG SSR
Contributions produced by the editorial staff as part of the other journalistic services from SRG SSR must comply with the programme service principles set out in Articles 4 and 5. The variety requirement (Art. 4 para. 4) applies only to dossiers related to elections and popular votes.
Art. 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).
Art. 6 Autonomy
1 Unless federal law provides otherwise, broadcasters are not bound by the instructions of federal, cantonal or communal authorities. 2 In the design of their editorial publications and the advertising, in particular in the choice of themes, handling of content and representation, they are free and shall bear the responsibility therefor. 3 No-one may demand that a broadcaster broadcast specific presentations and information.
Art. 6 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 2 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 7 Other requirements for programme services of television broadcasters
1 The Federal Council may require television broadcasters, within a framework of practical feasibility and with appropriate resources: a. to reserve a substantial proportion of the relevant broadcasting time for Swiss and other European works; b. to reserve an appropriate amount of broadcasting time or programme costs in their television programme services for the broadcasting of Swiss and European works by independent producers. 2 The requirement that television broadcasters which broadcast films in their programme service spend part of their revenues on independent Swiss film production is governed by the Film Act of 14 December 2001. 3 Television broadcasters with a national or regional-language programme service must prepare an appropriate proportion of programmes in a form suitable for the hard of hearing and the visually impaired. 4 Licensed regional television broadcasters shall subtitle their main information programmes. The Federal Council shall determine the extent of this ob
Art. 7 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 2 — SR 443.1 Para. 2 — Amended by No II of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131). Para. 4 — Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 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: a. insert in their programme services without delay urgent police messages which are indispensable to the maintenance of public order and safety or the safety of persons, as well as official alerts and instructions; b. inform the public of decisions of the Confederation which are published urgently under Article 7 paragraph 3 of the Publications Act of 18 June 2004 (PublA) or by means of extraordinary publication under Article 7 paragraph 4 PublA. 2 The authority requiring the broadcasts in accordance with paragraph 1 is responsible for them. 3 When necessary, the Federal Council shall extend the obligations in paragraph 1 letter a to telecommunications service providers which broadcast programme services. 4 It shall ensure that the population is assured of information by radio in crisis situations. The licensing authorities regulate the details in the licences o
Para. 1 — Amended by Annex No 6 of the Federal Act of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057). Para. 1 let. b — Amended by Annex No 6 of the Federal Act of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057). Para. 1 let. b — SR 170.512
Section 3 Advertising and Sponsorship
Art. 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 advertising which jeopardise separation or identifiability or subject these forms to special provisions. 2 The broadcaster’s permanent editorial employees may not participate in its advertising programmes. Local and regional broadcasters with limited financial resources are excluded from this restriction.
Art. 10 Bans on advertising
1 Advertising for the following is prohibited: a. tobacco products and electronic cigarettes in terms of Article 3 letters a and f of the Tobacco Products Act of 1 October 2021 and articles that form a functional unit with a tobacco product; b. alcoholic beverages which are subject to the Alcohol Act of 21 June 1932; the Federal Council shall impose further restrictions for the protection of health and young people; c. ... d. political parties, persons holding political office or candidates for such offices and matters which are the subject of a popular vote; e. religious beliefs and the institutions and persons representing them. 2 The following are prohibited: a. advertising for therapeutic products in accordance with the Federal Act of 15 December 2000 on Therapeutic Products; b. sales offers for therapeutic products and medical treatments. 3 Surreptitious advertising and subliminal advertising are prohibited. 4 Advertising which: a. disparages religious or political convictions; b.
Para. 1 let. 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). Para. 1 let. a — SR 818.32 Para. 1 let. b — Amended by No I of the Federal Act of 25 Sept. 2009, in force since 1 Feb. 2010 (AS 2010 371; BBl 2008 9105). Para. 1 let. b — SR 680 Para. 1 let. c — Repealed by No I of the Federal Act of 25 Sept. 2009, with effect from 1 Feb. 2010 (AS 2010 371; BBl 2008 9105). Para. 2 let. a — SR 812.21
Art. 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 principle are possible. Deviations may not prejudice the integrity and the value of the programme concerned. 2 Advertising may not in principle occupy more than 20 per cent of one hour’s transmission time. The Federal Council shall determine the exceptions. 3 When determining deviations from the principles in paragraphs 1 and 2, the Federal Council shall notably take into account the following criteria: a. broadcasters’ performance mandates; b. the economic situation of radio and television; c. transfrontier competition; d. international regulations on advertising; e. the concerns of the audience.
Para. 2 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 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 which adversely affects editorial independence. 2 If programmes or sequences of programmes are sponsored in whole or in part, the sponsors must be named at the beginning or end of each programme. 3 Sponsored programmes may neither encourage the conclusion of transactions concerning goods or services of the sponsors or of third parties nor may they contain statements of an advertising nature concerning goods and services. 4 Programmes may not be financed by sponsors who primarily manufacture or sell products or offer services for which advertising is banned under Article 10. Companies active in the area of therapeutic products may sponsor programmes provided no products for which advertising is banned are named or shown and no advertising effect is created for these products in some other w
Art. 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 shall impose corresponding regulations on the form of the advertising. 2 Programmes for children may not be interrupted by advertising. 3 Offers for sale may not be directed at minors. 4 In order to safeguard the concerns mentioned in paragraph 1, the Federal Council excludes specific forms of sponsorship of children’s programmes.
Art. 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 ... 3 The Federal Council may partially or wholly restrict advertising and sponsorship in the SRG SSR’s radio and television programme services and in other journalistic services which are necessary for the fulfilment of its programme service mandate and which are financed by the radio and television fees (Art. 25 para. 3 let. b).
Para. 2 — Repealed by No I of the Federal Act of 25 Sept. 2009, with effect from 1 Feb. 2010 (AS 2010 371; BBl 2008 9105). Para. 3 — Expression in accordance with No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). This amendment has been made throughout the text.
Section 4 Notification, Information, Reporting and
Art. 15 Notification of revenue from advertising and sponsorship
Licensed broadcasters of Swiss programme services must notify OFCOM of the gross revenue from advertising and sponsorship.
Expression in accordance with No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). This amendment has been made throughout the text.
Art. 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.
Art. 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 their supervisory activity and for the assessment of any risks to diversity of opinion and programming (Art. 74 and 75). 2 The obligation to provide information also applies to legal and natural persons: a. in which the broadcaster has a substantial holding or which have a substantial holding in the broadcaster and which are active in the radio and television market or related markets; b. which canvass for advertising or sponsorship for the broadcaster; c. which produce a major part of the programme service concerned for the broadcaster; d. which organise a public event in accordance with Article 72; e. which are active in the radio and television market and which occupy a dominant position in one or more media-related markets; f. that are active in one or more media-relevant markets in terms of Article 74 in w
Para. 1 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 2 let. f — Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 3 — SR 172.021
Art. 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 from these obligations. 2 The Federal Office may publish information from broadcasters’ annual reports. 3 The Federal Council determines what the annual report and annual accounts must contain and which information OFCOM may publish.
Art. 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 application of the law; b. in order to acquire an overview of the market. 2 Broadcasters of Swiss programme services must submit the necessary information to OFCOM regularly. 3 OFCOM may make statistical results available to the public. 4 The Federal Council regulates the details; in particular, it lays down the principles regarding data collection, individual surveys, the use of the collected data and the publication of statistical results.
Art. 20 Recording and retention of programmes and contributions as part of the other journalistic services from SRG SSR
1 Broadcasters of Swiss programme services must record all programmes and keep the recordings and the relevant material and documentation for at least four months. The Federal Council may exempt certain categories of broadcasters from this obligation. 2 Contributions as part of the other journalistic services from SRG SSR must also be recorded and retained with the relevant material and documentation. The Federal Council shall regulate the duration and extent of the recording and retention obligation, taking account of technical feasibility and what can reasonably be expected of SRG SSR. 3 If a complaint is submitted to the Ombudsman Service within the retention period or an objection is raised with the Independent Complaints Authority for Radio and Television or an official supervisory procedure is opened, the recordings, materials and documentation must be retained until the completion of the proceedings.
Art. 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).
Art. 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. Broadcasters may be financially compensated for the resulting costs. 2 The Federal Council determines which programme services must be conserved and regulates the compensation of broadcasters as well as the delivery, archiving and availability of recordings. In particular, it may issue technical regulations concerning the nature and format of the data media and designate the bodies which coordinate the necessary work and select the programme services to be conserved. 3 Where the revenue from the charge for accessing the recorded programme services and for their continued use is not sufficient, the expenditure of the bodies under paragraph 2 and the compensation for broadcasters in accordance with paragraph 1 is financed from the radio and television fee. 4 In order to assure the long-term use of the archives, the Federa
Para. 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).
Section 5 Licence Fee
Art. 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. 77), and secondarily for new broadcasting technologies (Art. 58). 2 The fee amounts to a maximum of 1 per cent of the gross revenue from advertising and sponsorship. The Federal Council determines the amount of the fee and an exemption amount.
Para. 1 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Chapter 2 Swiss Broadcasting Corporation (SRG SSR)
Section 1 Programme Service Mandate and Licence
Art. 23 Principle
The SRG SSR provides a service for the community. In so doing, it does not attempt to make a profit.
Art. 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 in terms of content with equivalent radio and television programme services in the three official languages; b. it promotes understanding, cohesion and exchange between the parts of the country, linguistic communities, cultures and social groupings and takes account of the particularities of the country and the needs of the cantons; c. it promotes closer links between Swiss citizens living abroad and their home country and it promotes Switzerland and the understanding of its concerns abroad. 2 The SRG SSR broadcasts at least one radio programme service for Romansh-speaking Switzerland. The Federal Council also lays down the principles in accordance with which the radio and television needs of this linguistic region must additionally be taken into consideration. 3 The Federal Council lays down the princi
Art. 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 determines in particular: a. the number and nature of radio and television programme services; b. the scope of the further editorial programming which is necessary to fulfil the programme service mandate at the level of the linguistic region, as well as at national and international level and which is financed from radio and television fees; c. the details of the inclusion of Swiss literature, music and film in accordance with Article 24 paragraph 4 letter b; it may set down corresponding minimum quotas. 4 The SRG SSR may offer certain programme services in cooperation with other broadcasters. The cooperation is regulated in agreements which require the consent of the Federal Department of the Environment, Transport, Energy and Communications (DETEC). 5 DETEC may amend individual provisions
Para. 4 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 5 — Expression in accordance with No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). This amendment has been made throughout the text.
Section 2 Editorial Programming
Art. 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 programme services. Sponsorship is prohibited in such windows. These regional windows must be limited to a maximum of one hour per day.
Para. 2 — Sentence inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 27 Programme production
The SRG SSR’s programme services shall be produced predominantly in the language regions for which they are intended.
Art. 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 letter c and the corresponding costs. 2 In crisis situations, the Federal Council may agree with the SRG SSR special short-term performance mandates for purposes of international understanding. 3 At least half the costs for services in accordance with paragraph 1 will be reimbursed to the SRG SSR by the Confederation; the costs for services in accordance with paragraph 2 will be reimbursed in full.
Section 3 Unlicensed Activities
Art. 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 undertakings. 2 If such activity adversely affects the fulfilment of the programme service mandate or substantially limits the development potential of other media undertakings, DETEC may impose conditions on commercial activity, financing, separation of accounting and organisational separation or prohibit the activity.
Section 4 Broadcasting of SRG SSR Programme Servic
Art. 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 broadcast throughout Switzerland in German, French and Italian. The Federal Council may provide for exceptions. It also takes into consideration the needs of the Romansh-speaking population in accordance with Article 24 paragraph 2. In doing so, it ensures that frequencies and channels are made available to the other broadcasters for each means of broadcasting. 2 For each programme service, the Federal Council determines the coverage area and technical means of broadcasting.
Section 5 Organisation and Finance
Art. 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 economically and the radio and television fees are used for the purpose for which they were intended; c. the concerns of the linguistic regions are taken into consideration and national leadership and coordination is assured; d. the public is represented in the organisation; e. editorial activity is separate from economic activities; f. it can be managed, supervised and inspected in accordance with the principles of the law on companies limited by shares. 2 Its articles of association must be approved by DETEC.
Art. 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 companies limited by shares apply mutatis mutandis to the provisions of the articles of association on the rights, obligations and responsibilities of the SRG SSR management bodies.
Art. 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 programme services. 3 The members of the Board of Directors must not be employed by the SRG SSR or any of the undertakings controlled by it. They are not bound by instructions.
Art. 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.
Art. 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 themselves cost-effectively, use their resources in accordance with the provisions and ensure the long-term maintenance of their assets with regard to the fulfilment of their mandate. 2 The SRG SSR shall use the share of fees allocated to it solely to cover the costs resulting from the broadcasting of radio and television programme services and the costs of the other journalistic services (Art. 25 para. 3 let. b). 3 If it ceases to carry out an activity that was a major element when the fees were set, DETEC may require SRG SSR to build up reserves in the amount of the corresponding sum, which will be taken into account during the subsequent fee adjustment. 4 The Federal Council shall ensure that the provisions of Article 6a paragraphs 1–5 of the Federal Personnel Act of 24 March 2000 are applied accordingly in the
Para. 2 — Expression in accordance with No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). This amendment has been made throughout the text. Para. 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). Para. 4 — SR 172.220.1
Art. 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 accounting standards recognised by the Swiss stock exchanges. 2 It shall maintain separate accounts for the activities involved in carrying out their mandate under the terms of the licence and for their other activities. 3 The Board of Directors of the SRG SSR shall communicate the following to DETEC yearly: a. the group accounts; b. the annual accounts, the preliminary estimate, the financial plan and the annual report of the SRG SSR and of the undertakings controlled by it. 4 DETEC shall audit the SRG SSR’s financial accounting on the basis of the reports from the Board of Directors. It may demand additional information. In particular, DETEC may demand of the SRG SSR’s Board of Directors or of the senior management bodies of controlled undertakings information on how they have discharged their responsib
Para. 6 — SR 614.0
Art. 37 Holdings in other broadcasting companies
SRG SSR holdings in other broadcasters are subject to the approval of DETEC.
Chapter 3 Other Broadcasters with a Mandate
Section 1 Licences with a Performance Mandate and
Art. 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 funding options radio and television programme services which take account of local or regional particularities by providing comprehensive information, particularly on political, economic and social matters and which contribute to the development of cultural life in the coverage area; b. contribute to the fulfilment of the mandate under the Federal Constitution in urban areas by means of complementary, non-profit-orientated radio programme services. 2 Fee-sharing licences give an entitlement to broadcast the programme service within a specific coverage area (right of access) and to a proportion of the revenue from radio and television fees. 3 One fee-sharing licence is awarded for each coverage area. 4 The licence specifies as a minimum: a. the coverage area and the technical means of broad
Para. 5 — Repealed by No I of the Federal Act of 26 Sept. 2014, with effect from 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 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 technical means of broadcasting in the coverage area concerned. When it does so, it distinguishes between coverage areas for radio and for television. 2 Coverage areas in accordance with Article 38 paragraph 1 letter a must be defined so that: a. they constitute a political and geographical unit or are marked by especially close cultural or economic contacts; and b. their existing funding options together with an appropriate proportion of the revenue from radio and television fees allow the broadcaster to fulfil its performance mandate. 3 Exceptions may be made for regional programme services which are broadcast in at least two national languages in a multilingual area. 4 The number and extent of the coverage areas are examined by the Federal Council periodically but after ten years at the latest.
Art. 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 Council decides: a. when fixing the amount of the fee, on the respective shares allocated to radio and television, taking account of the need to fulfil the performance mandates in accordance with Article 38 paragraph 1; b. the maximum percentage which the share of fees may make to the operating costs of the individual broadcaster. 2 DETEC lays down each licensee’s share of the revenue from radio and television fees for a specific period. It takes into consideration the size and economic potential of the coverage area as well as the expenditure which the licensee must incur to fulfil the performance mandate including transmission costs. 3 The provisions of the Subsidies Act of 5 October 1990 apply.
Para. 1 let. b — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 3 — SR 616.1
Art. 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 performance mandate and of independent programme production, the Federal Council may impose other obligations. In particular, it may oblige the broadcasters to produce a mission statement and editorial statutes. 2 Broadcasters with a fee-sharing licence must use the financial resources economically and in accordance with the regulations. Distribution of profits is not permitted. Broadcasting of the fee-supported programme service must be separated in the accounts from any other economic activities carried out by the licensee. If an undertaking which is economically controlled by the licensee carries out activities in connection with the programme service, the licensee shall ensure that these activities are kept separate in the accounts from other activities. 3 Cooperation with other broadcasters must not jeopardise the fulfilment of the pe
Para. 2 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Art. 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 regulations. If not, it may reduce or reclaim the share of fees from a licensee. 2 OFCOM may also request information from the licensee and from those obliged to provide information in accordance with Article 17 paragraph 2 letter a–c and carry out on-the-spot financial audits. 3 Audits on grounds of pure expediency are not permitted.
Section 2 Licence with Performance Mandate but wit
Art. 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 comprehensive information, particularly concerning political, economic and social matters and contributes to the development of cultural life in the coverage area; b. contributes to a significant extent in a linguistic region to the fulfilment of the performance mandate provided for by the Constitution. 2 The licence defines the scope of access to technical means of broadcasting and the performance mandate with regard to programme services. DETEC may impose other obligations in order to ensure the fulfilment of the performance mandate and the independence of programme production.
Section 3 Licensing Regulations
Art. 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. demonstrates to the licensing authority the identity of the majority holder of its capital and who makes substantial financial resources available to it; d. guarantees that it complies with the employment law regulations and the working conditions of the industry, the applicable law and in particular the obligations and conditions associated with the licence; e. separates editorial activity from economic activities; f. is a natural person with residence in Switzerland or a legal person domiciled in Switzerland; g. ... 2 In the absence of any international obligations to the contrary, a legal person controlled from abroad, a domestic legal person with foreign participation or a natural person without Swiss citizenship may be refused the licence if the corresponding foreign state does not guarantee reciprocal r
Para. 1 let. g — Repealed by No I of the Federal Act of 26 Sept. 2014, with effect from 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 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).
Art. 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 particular where the situation in the coverage areas or technological changes pose significant challenges to broadcasters. In reaching a decision, account is taken of previous fulfilment of the performance mandate. 2 The Federal Council may provide for a special procedure for the award of short-term licences. 3 If there are several candidates for one licence, preference is given to the candidate that is best able to fulfil the performance mandate. If several candidates are essentially equivalent from this viewpoint, preference is given to the candidate which best enhances to the diversity of opinion and the diversity of programming. 4 Licences for wireless terrestrial transmission of programme services are as a rule awarded before the invitation to tender for the corresponding radiocommunication licences
Para. 1bis — Inserted by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975). Para. 4 — SR 784.10 Para. 4 — Amended by Annex No 6 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).
Art. 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 withdrawal and on expiry of its term.
Art. 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 finds substantial shortcomings, it takes measures. It may notably reduce the claim to shares of fees by up to half until the shortcomings are remedied.
Art. 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 transfer. It may refuse approval within three months of receipt of notification; in particular cases the period may be extended. 3 Economic transfer of the licence is also deemed to be a transfer. Such a case applies if more than 20 per cent of the share capital, nominal capital or registered capital or where applicable the participating capital or voting rights are transferred.
Art. 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 interests. 2 The licensee is appropriately compensated if the amendment substantially restricts the rights granted with the licence. It receives no compensation if the amendment is based on important national interests or on a change in international obligations. 3 At the request of the broadcaster, DETEC may amend individual conditions if the amendment applied for corresponds to the requirements for the award of the licence.
Art. 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 seriously violates this Act or its implementing provisions; c. the licensee continuously fails to meet its obligations laid down in the licence despite measures under Article 47 paragraph 2; d. the licensee seriously exploits the licence for unlawful purposes; e. important national interests so require. 2 DETEC shall withdraw the licence if essential conditions relating to the award thereof are no longer applicable. 3 The licensee has a claim to compensation if DETEC: a. withdraws the licence because essential conditions relating to the award thereof cease to exist and the Confederation is responsible for this; b. suspends or withdraws the licence because important national interests so require.