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 Supervision
Section 1 Procedures
Art. 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 complaints about the content of editorial publications and refusal of access to the programme service or other journalistic services from SRG SSR (Art. 83 para. 1 let. a and Art. 94–98). 2 Supervisory measures relating to the production and preparation of programme services and the other journalistic services from SRG SSR and on the grounds of simple expediency are not permitted. 3 The provisions of the APA apply to the supervisory procedure unless this Act provides otherwise. 4 No provisional measures are permitted in the Complaints Authority’s supervision procedure (Art. 91–98). 5 The Complaints Authority only evaluates complaints against published editorial publications and complaints about refusal of access to the programme service or to other journalistic services from SRG SSR. It does not
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 — 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 172.021 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 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 49
Art. 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 online. 2 They shall not divulge any commercial secrets.
Art. 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 the FADP which apply to federal bodies.
Para. 2 — SR 235.1 Para. 2 — 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).
Section 2 Measures in the event of Infringements
Art. 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 ensure that that the infringement does not recur, 2. to inform the authority of the precautions taken, 3. to surrender to the Confederation the revenue achieved as a result of the infringement; b. request DETEC to make the licence subject to conditions, or to restrict, suspend or withdraw the licence. 2 At the request of the Complaints Authority (Art. 97 para. 4), DETEC may ban the programme service or allow it only under certain conditions.
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. 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. violates a legally-binding decision of the supervisory authority or a legally-binding decision of the appeals authority; b. seriously infringes conditions of the licence; c. violates regulations concerning advertising and sponsorship which are contained in this Act (Art. 4, 5 and 9-14), its implementing provisions, the licence or the relevant international agreements; d. violates the regulations concerning the transmission obligation (Art. 55); e. fails to comply with the obligation to guarantee the right of short reporting of public events (Art. 72); f. fails to guarantee free access to events of major importance to society (Art. 73); g. violates measures as defined in Article 75 (media concentration); h. ... 2 Any person who fails to comply with, or belated or incompletely complies with one of the followi
Para. 1 let. h — Repealed by No I of the Federal Act of 26 Sept. 2014, with effect from 1 July 2016 (AS 2016 2131; BBl 2013 4975).
Chapter 2 Supervision by the Complaints Authority
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 Report Procedure of the Ombudsman Servic
Art. 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 administrative purposes. 2 The SRG SSR shall provide its own independent ombudsman services. 3 The ombudsman service deals with reports about: a. editorial programmes that have been broadcast, where the report relates to violations of Articles 4 and 5 of this Act or of international law binding on Swiss broadcasters; abis. published contributions produced by the editorial staff as part of the other journalistic services from SRG SSR where the report relates to an infringement of Article 5a; b. refusal to grant access to the programme services of Swiss broadcasters or to the part of the other journalistic services from SRG SSR produced by the editorial staff. 4 The regional-language ombudsman services are subject to the supervision of the Complaints Authority.
Para. 3 let. abis — 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 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).
Art. 92 Reports
1 Any person may submit a report to the competent ombudsman service: a. about editorial publications alleging an infringement of Articles 4, 5 and 5a of this Act; b. alleging refusal of access (Art. 91 para. 3 let. b). 2 Reports must be submitted within 20 days of the appearance of the publication or refusal of a request for access in terms of Article 91 paragraph 3 letter b. 3 If the report relates to more than one programme or contribution, the period begins with the broadcasting or appearance of the last publication that is the subject of the report. However, the first of the publications reported must not be more than three months before the last. 4 A report may only concern two or more contributions produced by the editorial staff as part of the other journalistic services from SRG SSR if these contributions are published in the same election or vote dossier. 5 The report must be submitted in writing and, if it relates to other journalistic services from SRG SSR, be accompanied by
Art. 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).
Art. 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 settlement; b. arrange a direct encounter between the parties concerned; c. issue recommendations to the broadcaster; d. inform those concerned about the responsibilities, the applicable law and legal remedies. 2 It has no power to make decisions or issue directives. 3 Forty days at the latest after submission of the report, the ombudsman service shall inform the parties in writing of its findings and the manner in which the report is to be settled. 4 By mutual consent, the parties may be informed of the settlement orally. 5 The ombudsman service bills the broadcaster after the report has been dealt with. In the event of a vexatious report, at the request of the ombudsman service or the broadcaster the Complaints Authority may award procedural costs against the person submitting the report.
Section 2 Complaints Procedure of the Complaints A
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. 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: a. was involved in the report procedure before the ombudsman service; and b. demonstrates a close relationship with the subject of the disputed editorial publication or whose application for access (Art. 91 para. 3 let. b) has been rejected. 2 Natural persons who do not have a close relationship with the subject of the disputed editorial publication may also submit a complaint if the complaint is signed by a minimum of 20 persons. 3 Natural persons who submit a complaint in accordance with paragraph 2 must be at least 18 years old and hold Swiss citizenship or hold a permanent or temporary residence permit. 4 Complaints may also be submitted by DETEC, in which case the provisions of paragraph 1 do not apply.
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. 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. 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). 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. 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 service’s report must be attached. 2 DETEC submits its complaint directly to the Complaints Authority within 30 days of the transmission of the programme concerned. 3 In the complaint, a brief statement of grounds must be provided explaining: a. how the editorial publication which is the subject of the complaint has violated provisions concerning content in Articles 4, 5 and 5a of this Act or of international law binding on Swiss broadcasters; or b. why the refusal to grant access is unlawful.
Para. 3 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).
Art. 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 do not meet all the formal requirements. In this case the party lodging the complaint does not have party rights. 2 Unless the complaint is clearly inadmissible or without merit, the Complaints Authority invites the broadcaster to comment. 3 The Complaints Authority may refuse or suspend the consideration of a complaint if judicial remedies in civil or criminal law are pending or have not been used or if an administrative procedure is being conducted in the same matter.
Art. 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 publications have violated provisions concerning content laid down in Articles 4, 5 and 5a or relevant international law; or b. an unlawful refusal to grant access (Art. 91 para. 3 let. b) has occurred. 3 If it establishes that a violation has occurred, it may take or apply for the measures provided for in Article 89. 4 In the event of repeated serious violations of the obligations in Article 4 paragraphs 1 and 3 and Article 5 in the programme service or of the obligations in relation to other journalistic services from SRG SSR (Art. 5a), the Complaints Authority may apply to DETEC for a programme ban (Art. 89 para. 2).
Para. 2 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. 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).
Art. 98 Costs
1 Proceedings of the Complaints Authority are free of charge. 2 The complainant may be charged the procedural costs for vexatious complaints. APA applies.
Para. 2 — SR 172.021
Chapter 3 Legal Remedies
Art. 99
1 Legal remedies are based on the general provisions on the administration of federal justice. 2 Rulings issued by the collection agency may be contested by filing an appeal with OFCOM. 3 Appeals against decisions of the Complaints Authority may be filed directly with the Federal Supreme Court.
Art. 99 — Amended by No I of the Federal Act of 26 Sept. 2014, in force since 1 July 2016 (AS 2016 2131; BBl 2013 4975).