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 Ensuring Access to Public Events
Art. 72 Short reporting right with regard to public events
1 If the reporting of a public event in Switzerland is restricted by exclusive agreements, any interested broadcaster has the right to short, up-to-date, media-compatible reporting of this event. 2 The organiser of a public event and the broadcaster benefiting from first exploitation or exclusive rights are obliged to provide any interested broadcaster with the possibility of short reporting. 3 They shall give interested broadcasters: a. access to the event, in so far as technical and spatial circumstances permit; and b. the desired parts of the transmission signal under appropriate conditions. 4 With reference to Article 90, OFCOM may order organisers of a public event and broadcasters with first or exclusive rights to take appropriate measures to ensure exercise of the right of short reporting.
Art. 73 Free access to events of major importance to society
1 Reporting of events of major importance to society must be made freely accessible to a substantial proportion of the general public. 2 DETEC drafts a list of international and national events of major importance to society and updates it regularly. 3 For broadcasters of Swiss television programme services, the lists drafted by the member states of the European Convention on Transfrontier Television of 5 May 1989 are binding in the state concerned with regard to free access.
Para. 3 — SR 0.784.405
Chapter 2 Measures to prevent Risks to the Diversi
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. 74 Risks to diversity of opinion and programming
1 A risk to diversity of opinion and programming exists if: a. a broadcaster abuses its dominant position in the relevant market; b. a broadcaster or another undertaking active in the radio and television market abuses its dominant position in one or more media-related markets. 2 DETEC shall consult the Competition Commission to assess the dominant position as defined in Article 4 paragraph 2 of the Cartel Act of 6 October 1995. The Competition Commission shall apply the principles of competition law and may publish its comments.
Para. 2 — SR 251 Para. 2 — Sentence 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. 75 Measures
1 If, after obtaining the Competition Commission’s report, DETEC ascertains that a broadcaster or another undertaking active in the radio and television market has jeopardised diversity of opinion and programming as a result of its abuse of its dominant position, it may take measures in the area of radio and television. As a rule, it takes a decision within three months of receipt of the report. 2 It may demand that the broadcaster or the undertaking concerned: a. ensures diversity by measures such as granting broadcasting time for third parties or cooperating with other participants in the market; b. takes measures against corporate journalism, such as issuing editorial statutes to ensure editorial freedom; c. should such measures prove to be clearly inadequate, adapts the business and organisational structure of the undertaking.
Chapter 3 Basic and Continuing Education and Train
The amendment in accordance with the Federal Act of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 relates only to the Italian text (AS 2016 689; BBl 2013 3729).
Art. 76
The Confederation may support the basic and continuing education and training of programme producers, in particular through contributions to institutions for basic and continuing education and training. OFCOM regulates the award criteria and decides on the contributions.
Chapter 4 Research
Section 1 Media Research
Art. 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).
Section 2 Foundation for Audience Research
Art. 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 independent of the SRG SSR, other broadcasters and the advertising industry. It may transfer the activities in whole or in part to subsidiary undertakings controlled by it and bring in independent experts with regard to data collection. The Foundation is subject to supervision by DETEC. 2 The Foundation ensures that Swiss broadcasters and scientific research have sufficient data available on the use of radio and television. Licensed broadcasters in mountain and peripheral regions must be able to obtain data with a quality comparable to that provided to other broadcasters.
Art. 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. The data is provided to university researchers and OFCOM free of charge.
Art. 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 from the SRG SSR as from other Swiss broadcasters. In addition, other persons are appointed to the Foundation board. Account is taken of the need for language regions and sexes to be represented fairly. 3 DETEC selects the foundation board. In doing so, it takes account of the proposals of those concerned.
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. 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 determines the amount of the contribution when determining the amount of the radio and television fees. 3 The Subsidies Act of 5 October 1990 applies. Activities in accordance with Articles 78 and 79 shall be separated from any other activities in the accounts of the foundation and of any subsidiary companies.
Para. 3 — SR 616.1