Film Act (FiA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Promotion Areas
Art. 3 Swiss film production
The Confederation supports the cultural dissemination, the economic viability, the continuity and the development potential of the independent Swiss film industry. To this end, it may provide financial assistance and other forms of support for the development of projects as well as for the production and exploitation of: a. Swiss films; b. films co-produced by Switzerland and other countries.
Art. 4 Diversity and quality of the films on offer
In order to promote the cultural and linguistic diversity and the quality of the films on offer, the Confederation may provide financial assistance and other forms of support, in particular for distribution, public screening and sales.
Art. 5 Film culture
The Confederation may provide financial assistance and other forms of support for: a. the dissemination of film culture and for increasing film awareness; b. film festivals that make a significant contribution to the national or international film culture; c. the archiving and restoration of films; d. cooperation among the various sectors of the film industry; e. further institutions and efforts that make a significant contribution to the maintenance and development of film production and film culture in Switzerland as well as innovation in these fields; f. international cooperation in the film sector.
Art. 6 Continuing education and training
The Confederation may provide financial assistance and other forms of support for the continuing education and training of persons working in the film industry.
Art. 6 — Amended by Annex No 17 of the Federal Act of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729).
Section 2 Promotion Instruments
Art. 7 Awards
The Confederation may reward outstanding contributions to film production and film culture by awarding prizes or other distinctions.
Art. 8 Film promotion
1 Financial assistance is provided: a. according to criteria related to quality (selective promotion); b. according to criteria related to success (success-linked promotion); c. according to criteria related to location (location-linked promotion); or d. according to the contribution made to the diversity and quality of the films on offer in all parts of the country (diversity promotion). 2 The Federal Department of Home Affairs (FDHA) determines the requirements, in particular the reinvestment obligations, and the procedure.
Art. 8 — Amended by No I of the FA of 19 June 2015, in force since 1 July 2016 (AS 2015 5637; BBl 2015 497). Art. 8 — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131). Para. 1 let. d — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131).
Art. 9 Delegation of film promotion to institutions
1 The Confederation may delegate film promotion in a particular field to a private organisation provided third parties make an important contribution to such promotion. 2 The Federal Council decides on the principle of delegation on a case-to-case basis. The FDHA determines the general conditions and appoints the representatives of the Confederation. 3 The Confederation shall enter into a service agreement with the organisation in order to regulate the mutual obligations. The service agreement provides for a court of arbitration that decides, without right of appeal, on disputes between the organisation and entitled parties.
Para. 2 — Name in accordance with No I of the FA of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5637; BBl 2015 497). This change has been made throughout the text.
Art. 10 Service agreements
1 The Confederation may enter into service agreements with legal entities that regularly receive financial assistance. 2 Recurring operating contributions to profit-oriented companies are excluded.
Para. 2 — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131).
Section 3 Promotion Concepts and Assessment
Art. 11 Promotion concepts
1 The FDHA regulates the organisation of film promotion through promotion concepts. 2 The promotion concepts are issued for the individual promotion areas in accordance with Articles 3–6 as well as for awards in accordance with Article 7. They define the goals that should be achieved, designate the promotion instruments and determine the decisive criteria. 3 The promotion concepts issued have a period of validity of from three to five years.
Art. 12 Assessment
1 The appropriateness and effectiveness of the promotion concepts and the promotion instruments are assessed regularly. 2 The results of the assessment are made public. 3 The FDHA regulates the assessment procedure.
Section 4 Financial Assistance and other Forms of
Art. 13 Forms of financial assistance
1 Financial assistance shall be provided within the limits of the authorised credits in the form of non-repayable cash payments, deficit guarantees, interest subsidies, payments in kind or conditionally repayable loans. 2 Support may also be provided in the form of advice or recommendations and by issuing letters of comfort or providing other services in kind.
Art. 13 — Amended by Annex No II 3 of the Culture Promotion Act of 11 Dec. 2009, in force since 1 Jan. 2012 (AS 2011 6127; BBl 2007 4819 4857). Para. 1 — Amended by No I 2 of the Federal Act of 19 March 2021 on Administrative Facilitations and a Relief of the Federal Budget, in force since 1 Jan. 2022 (AS 2021 654; BBl 2020 6985).
Art. 14 Decisions on financial assistance and other forms of support
1 Financial assistance and other forms of support are awarded by the Federal Office of Culture (FOC). 2 If the FOC does not have the required technical knowledge, it shall have the applications assessed by technical committees or specially instructed experts. 3 …
Para. 1 — Name in accordance with No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131). This amendment has been made in the provisions specified in the AS. Para. 3 — Repealed by Annex No 41 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 15 Provision and allocation of resources
1 The financing of film promotion is governed by Article 27 of the Culture Promotion Act of 11 December 2009. 2 Income from the tax on the promotion of the diversity of films on offer, contributions from broadcasting organisations and online film providers as well as any payments and benefits from third parties are included in the financial budget. Intended uses purposes: a. Tasks in accordance with Articles 3–6; b. Tasks in connection with the collection of the tax; c. Tasks in connection with the enforcement of Chapter 3a. 3 The FOC shall allocate the available resources annually to the promotion areas in accordance with Articles 3–6. In doing so it takes account of the promotion concepts and stipulates the maximum amounts of assistance that may be awarded to any individual project in each promotion area.
Para. 1 — SR 442.1 Para. 1 — Amended by Annex No II 3 of the Culture Promotion Act of 11 Dec. 2009, in force since 1 Jan. 2012 (AS 2011 6127; BBl 2007 4819 4857). Para. 2 let. c — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131).
Section 5 Exclusion from Film Promotion
Art. 16
1 No financial assistance is awarded to: a. advertising films; b. films that are primarily educational in their objective; c. films that produced to order. 2 Films that are completely excluded from film promotion measures include films: a. that offend human dignity; b. that portray members of either sex of a specific group in a degrading manner; c. that glorify or trivialise violence; d. that are pornographic in character.