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 Measures to promote the Diversity of the
Art. 17 Principles
1 Distribution and projection companies must contribute in their activities to the diversity of films on offer by means of: a. their business policy; b. measures agreed within the industry. 2 The measures include agreements in which distribution and projection companies or their professional associations undertake to organise the programming for a cinema region to provide as much diversity and quality as possible. 3 Before entering into an agreement within the industry, the associations involved shall consult the FDHA on the measures planned to promote the diversity of the films on offer and linguistic diversity.
Art. 18 Diversity of films on offer
The diversity of films on offer in a cinema region is guaranteed if the films on offer, given the number of screens used and the size of the cinema region, originate in sufficient numbers from a variety of countries, are of a variety of genres and represent a variety of film styles.
Art. 19 Linguistic diversity
1 Films subsidised by the Confederation must be made available in more than one national language. 2 A company may distribute a title for its first public showing in the cinema or for other uses of the work only if it holds the rights for the whole of Switzerland to all language versions that are available for exploitation in Switzerland. 3 The foregoing does not apply to exploitation by broadcasting organisations in programme services under Article 2 letter a of the Federal Act of 24 March 2006 on Radio and Television.
Para. 2 — Amended by No I of the FA of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5637; BBl 2015 497). Para. 3 — SR 784.40 Para. 3 — Inserted by No I of the FA of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5637; BBl 2015 497).
Art. 19a Access to film heritage
1 Films supported by the Confederation are deposited with the «Cinémathèque Suisse» foundation. 2 They can be made accessible to the public five years after their release.
Art. 19a — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 Jan. 2024 (AS 2023 531; BBl 2020 3131).
Art. 20 Assessment and re-establishment of diversity
1 The FOC shall regularly assess the effect of the activities and measures in accordance with Article 17 on the basis of the information received in terms of Article 24 periodically. It shall publish the results of the assessment and allows the industry, and in particular the promotion organisations that are party to agreements in terms of Article 17 paragraph 3, the opportunity to state its views. 2 If the FOC establishes in the course of the assessment that the diversity of films on offer in a cinema region is inadequate, it shall require the distribution and projection companies concerned to take measures within a reasonable time to re-establish the diversity of films. 3 In relation to distribution and projection companies that have entered into an agreement in terms of Article 17 paragraph 3, the instructions are issued to the promotion organisation. This shall take the required measures independently in order to re-establish the diversity of films on offer within a reasonable time
Section 2 Tax for the Promotion of Diversity
Art. 21 Tax
1 If the position required by the law is not re-established within a reasonable time, the Confederation may levy a tax. The FDHA decides on whether the tax is levied after hearing the parties concerned and the Film Commission (Art. 25). 2 The rate of tax is a maximum of 2 francs per admission, and is levied on the admissions achieved by the distribution and projection companies concerned in a cinema region. These companies, subject to the provisions of Article 22, each pay one half of the tax. 3 After deduction of the costs of implementation, the income from the tax is used to promote the diversity of films on offer in the distribution sector and in public projection in the cinema region concerned. 4 The tax may be levied for as long as is required to re-establish the position required by the law.
Art. 22 Exemptions from the tax
1 Distribution and projection companies may secure exemption from payment of the tax by making a formal undertaking to the Confederation to make a special contribution to the diversity and quality of the films on offer in a cinema region. 2 In the event of wilful non-compliance with the undertaking in terms of paragraph 1, the tax becomes due for payment without any further formalities.
Section 3 Registration and Reporting Requirements
Art. 23 Registration requirement
1 Whoever on a professional basis screens films in public or distributes films intended to be screened in public must be registered in a public federal register before engaging in their activity. 2 In order to be able to register, it is necessary to be domiciled or to have one’s head office in Switzerland. 3 In order for a legal entity to be able to register, the members of its senior management must be domiciled in Switzerland. Notice must be given to the FOC of any change occurring in the members of the senior management.
Art. 24 Reporting requirements
1 … 2 The distribution companies must submit a report every month on titles of the films distributed, the places of screening, the screens on which they are projected and the number of admissions attained (cinema attendance). 3 The projection companies in the key towns submit a report every week, and other projection companies every month, on the titles screened, the screens on which they are projected and the admissions achieved per title and per screen. 3bis … 4 The reports are made to the Confederation or to an organisation recognised by the Confederation. 5 The data referred to in paragraphs 2, 3 and 3bis shall be published regularly.
Para. 1 — Repealed by No I of the FA of 1 Oct. 2021, with effect from 1 Jan. 2024 (AS 2023 531; BBl 2020 3131). Para. 3bis — Inserted by No I of the FA of 19 June 2015 (AS 2015 5637; BBl 2015 497). Repealed by No I of the FA of 1 Oct. 2021, with effect from 1 Jan. 2024 (AS 2023 531; BBl 2020 3131). Para. 5 — Amended by No I of the FA of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5637; BBl 2015 497).