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 Freedom of Reception
Art. 66 Free programme service reception
Everyone is free to receive programme services broadcast within Switzerland and from abroad if they are intended for a general audience.
Art. 67 Cantonal bans on antennas
1 The cantons may in specific areas prohibit the erection of outdoor antennas if: a. this is necessary for the protection of significant local and national landscapes, historical sites or natural and art monuments; and b. reception of the customary programme services in the region remains guaranteed under acceptable conditions. 2 The erection of an outdoor antenna for the reception of additional programme services must be approved by way of exception if the interest in receiving the programme services overrides the interest in protecting the local and national landscape.
Chapter 2 Radio and Television Fee
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 1 General
Art. 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 undertaking. 3 The revenue from and the application of the fee, with the exception of the payments due to the Confederation, are not shown in the federal financial statements.
Art. 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 and other journalistic services from SRG SSR that are required to fulfil the programme service mandate (Art. 25 para. 3 let. b); b. to support programme services from fee-sharing licensees (Art. 38–42); c. to support the Foundation for Audience Research (Art. 81); d. to subsidise the construction of transmitter networks in order to introduce new broadcasting technologies (Art. 58); e. to finance the processing of programmes in licensed regional television programme services for persons hard of hearing (Art. 7 para. 4); f. for the tasks of the collection agency, the Federal Tax Administration (FTA), OFCOM and the cantons and communes in connection with collecting the fee and enforcing the obligation to pay (Art. 69d–69g and 70–70d); g. to finance the maintenance of programme services (Art. 21). 2 The Federal Council
Section 2 Household Fee
Art. 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 dissolved. 2 The make-up of the household as registered in the cantonal or communal register of residents is decisive when collecting the fee. 3 The Federal Council shall regulate the frequency, due date and the prescriptive period for the fee.
Art. 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 persons are jointly and severally liable for payment of the household fee: a. adults for whom the household is their main residence, in analogous terms to the definition of the commune of residence in Article 3 letter b of the Register Harmonisation Act of 23 June 2006 (RHA); or b. adults who have no main residence in Switzerland and for whom the household is their secondary residence, in analogous terms to the definition of the commune of residence in Article 3 letter c RHA. 4 Each person’s liability extends to the amount due from the fee periods at the start of which the person is a member of the household. 5 If all the adults who belonged to a household at the start of a month leave that household within that month, the household is deemed to be dissolved as of the last day of that month.
Para. 3 let. a — SR 431.02
Art. 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 1 letter a of the Federal Act of 6 October 2006 on Benefits supplementary to the Old Age, Survivors' and Invalidity Insurance; the exemption applies retrospectively from the date on which supplementary benefits were first claimed, but at the earliest from a date five years prior to receipt of the application by the collection agency; b. persons entitled to privileges, immunities and facilities under Article 2 paragraph 2 of the Host State Act of 22 June 2007 (HSA) and who enjoy diplomatic status, provided they do not hold Swiss citizenship; the Federal Council shall regulate the exemption of other persons enjoying privileges, immunities and facilities and the members of staff of institutional beneficiaries under Article 2 paragraph 1 letters d, e and f HSA, provided they do not hold Swiss citizenship. 2 Where one member of a private h
Para. 1 let. a — SR 831.30 Para. 1 let. b — SR 192.12
Art. 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 private or public entity responsible for the collective household.
Art. 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 procurement applies. 2 OFCOM supervises the collection agency.
Art. 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 Article 69g paragraph 4. 2 The collection agency acts as an authority as defined in Article 1 paragraph 2 letter e APA. It may dismiss an objection in debt enforcement proceedings in accordance with Article 79 of the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA) and is deemed to be an administrative authority in terms of Article 80 paragraph 2 number 2 DEBA. 3 It may not pursue any economic activity other than that delegated to it under this Act. 4 Each year it shall publish a report on its activities and its annual accounts.
Para. 2 — SR 172.021 Para. 2 — SR 281.1
Art. 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 drawn as to a person’s health or social assistance claims. The data processing is governed by provisions of the Data Protection Act of 25 September 2020 (FADP) that apply to federal bodies. 2 The collection agency shall take the organisational and technical measures required to secure the data against unauthorised processing. It may only process data that it obtained in connection with its activities under this Act for the purpose of collecting and enforcing payment of the fee and may only pass on the data to third parties for these purposes. 3 Data that allow conclusions to be drawn with regard to a person’s health or social insurance claims may not be disclosed to third parties. Such data may be stored by third parties in encrypted form (content encryption). Data may only be decrypted by the collection agency. Person
Para. 1 — SR 235.1 Para. 1 — Second sentence amended by Annex 1 No II 69 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 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. 2 let. a RHA); b. the Ordipro information system of the Federal Department of Foreign Affairs (Art. 2 para. 1 let. c RHA). 2 It shall obtain the data via the Federal Information and Communication Platform in accordance with Article 10 paragraph 3 RHA. 3 Cantons and communes shall provide the collection agency with the data from their registers of residents in the required format and with the required regularity for delivery via the Federal Information and Communication Platform in encrypted form. 4 The collection agency shall pay contributions from the fee revenue to communes and cantons towards the investments specifically required in order to transmit data to the collection agency. 5 The collection agency may systematically use the OASI number in terms of Article 50c of the Federal Act of 20 December 194
Para. 1 let. a — SR 431.02 Para. 5 — Term in accordance with Annex No 16 of the FA of 18 Dec. 2020 (Systematic Use of the OASI Number by Authorities), in force since 1 Jan. 2022 (AS 2021 758; BBl 2019 7359). Para. 5 — SR 831.10
Section 3 Corporate Fee
Art. 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 accordance with Article 34 of the Value Added Tax Act of 12 June 2009 (VATA). 2 An undertaking is any entity entered in the FTA register of persons liable to pay VAT and which has its registered office, domicile or permanent establishment in Switzerland. A simple partnership under Article 530 of the Code of Obligations is not deemed to be an undertaking. 3 Turnover in terms of paragraph 1 is defined as the total turnover excluding VAT achieved by an undertaking that must be declared in accordance with the VATA, irrespective of whether it qualifies for VAT liability. Where group taxation applies, the total turnover of the VAT group is decisive. 4 The Federal Council shall specify the minimum turnover at a level that ensures that small undertakings are exempt from the fee. 5 The amount of the fee is determined b
Para. 1 — SR 641.20 Para. 2 — SR 220 Para. 2 — Amended by No I of the FA of 18 Dec. 2020 (Undertaking’s obligation to pay), in force since 1 Jan. 2021 (AS 2021 239; BBl 2020 4485).
Art. 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 for the fee. 3 If an undertaking has made no VAT returns or its returns are clearly inadequate, the FTA shall use its discretion to allocate the undertaking to a tariff category. 4 If allocation to a tariff category for the tax period ending in the previous calendar year is temporarily impossible, the FTA shall invoice the fee when the tariff category has been determined.
Art. 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 annum becomes due without prior notice. 2 If a person liable to pay the fee files an objection in debt enforcement proceedings, the FTA shall issue a ruling on the amount of the fee due and at the same time dismiss the objection in accordance with Article 79 DEBA. 3 In the event of any dispute, the ranking of creditors is postponed until an enforceable ruling has been issued. 4 Any fees that are due or have been invoiced may be offset against refunds of VAT. 5 Security for the fee is governed by Articles 93–95 VATA. Joint liability and succession to liability are governed by Articles 15 and 16 VATA. 6 The procedure is governed by the APA.
Para. 2 — SR 281.1 Para. 5 — SR 641.20 Para. 6 — SR 172.021
Art. 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 on the collection of the fee.
Art. 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 VATA on data processing apply. 2 The duty of confidentiality and its exceptions under Article 74 VATA also apply to collecting and enforcing payment of the fee.
Para. 1 — SR 641.20
Chapter 3 Fees for Wireless Terrestrial Reception
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. 71 ...
The cantons may provide for fees for the reception of radio and television programme services which are transmitted using wireless terrestrial technology on the basis of a public supply contract.
Art. 71 — Repealed by No I of the Federal Act of 26 Sept. 2014, with effect from 1 July 2016 (AS 2016 2131; BBl 2013 4975).