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 Subject Matter
Art. 1
This Ordinance regulates: a. monitoring compliance with the obligation to contribute to the diversity of the film offer with on-demand services; b. monitoring compliance with the obligation, in television and on-demand services, to take account of independent Swiss film production (the investment obligation) and collecting the subsidiary levy; c. the registration and reporting requirements of companies providing television and on-demand services; d. reporting paid on-demand viewings of films; e. providing the public with information.
Section 2 Definitions
Art. 2 Eligible films
1 Eligible films are films including series in accordance with Article 2 paragraph 1 FiA that can be assigned to the genres of documentary, fiction film or animated film and audio-visual works that are structured in their narrative or creatively designed in a comparable way. 2 The following are not eligible films: a. programmes on topical events, news reports and news features; b. entertainment programmes, in particular talk shows, reality shows and games; c. live broadcasts and recordings, in particular of sports events, concerts and theatre performances; d. computer games; e. films that are not eligible for financial support under Article 16 paragraph 1 letters a and b FiA; f. promotional films; g. films that are completely excluded from film promotion under Article 16 paragraph 2 FiA.
Art. 3 Further definitions
In this Ordinance: a. media offer means audio-visual content that is offered to the public for consumption; b. television service means a media offer that includes eligible films and which is broadcast in a linear programme service in accordance with Article 2 letter a of the Federal Act of 24 March 2006 on Radio and Television (RTVA); c. on-demand service means a media offer that includes eligible films and which is offered as a catalogue on the internet or via other electronic communications networks to view on demand; d. feature-length film means: 1. a fiction film or animated film of at least 60 minutes duration or a series of the same genre that has a total duration of at least 120 minutes per season, 2. a documentary of at least 50 minutes duration or a series of the same genre with a total duration of at least 100 minutes per season, 3. other eligible films of at least 50 minutes duration.
let. b — SR 784.40
Section 3 Scope of Application
Art. 4 Companies not subject to the Film Act
(Art. 24a para. 2 and 24b para. 1 and 2 FiA)
1 The following are not subject to the obligations under the FiA:
a. companies that only broadcast third-party programme services; b. companies that are based abroad whose media offer can be received in Switzerland but which do not target a Swiss audience. 2 The following criteria apply when assessing whether a company that is based abroad targets a Swiss audience: a. the thematic selection of the films and the targeting of the other media content as well as the way in which the media offer is presented, b. the pricing structure and payment options for the television or on-demand service; c. the origin of the advertising customers; d. the target group for the advertising.
Art. 5 Exempted companies
(Art. 24a para. 3 and 24e para. 2 FiA)
1 Companies that offer television and on-demand services in Switzerland are exempted from the duties under Articles 24a–24f FiA if they:
a. achieve a turnover in Switzerland through these services of less than 2.5 million francs per calendar year; b. show or offer no more than twelve eligible feature-length films per calendar year; or c. offer only a time-delayed television service in Switzerland (Art. 61a para. 1 RTVG). 2 On application, the following shall be exempted from the duties under Articles 24a–24f FiA: a. companies for which compliance with the obligations is impossible or unreasonable, in particular because their media offer is made to a cultural or linguistic minority and no related European films, films of Swiss origin or independently produced films are available; b. companies that do not themselves compose their media offer, but take that of a third party and offer it unchanged. 3 An exemption in accordance with paragraphs 1 and 2 does not relieve the company concerned of its obligation to register and report under Section 3 of Chapter 3a FiA. Reporting is governed by Article 25 paragraph 3.
let. c — SR 784.40