Ordinance on Radio and Television (RTVO) (RTVO)
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 Provisions
Section 1 Obligation to Notify
Art. 2 Obligation to notify
(Art. 3 let. a RTVA) 1 Broadcasters subject to the obligation to notify must provide the Federal Office of Communications (OFCOM) with the following information in particular: a. the name of the programme service and the main features of the programme service content; b. the name of the person responsible for editorial matters ; c. the domicile or registered office of the broadcaster; d. details which enable the public to establish quick and uncomplicated contact with the broadcaster, in particular the e-mail address and the web address; e. the nature and area of the technical broadcasting; f. the identity as well as the share of capital or voting rights of shareholders and other co-owners possessing at least one third of the capital or voting rights, as well as their holdings of at least one third in other undertakings in the media sector; g. the identity of board of directors and management members; h. the broadcaster’s holdings in other undertakings of at least one third of the capi
Para. 1 — Term in accordance with No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). This amendment has been made throughout the text. Para. 1 let. k — Inserted by No I of the O of 15 June 2012, in force since 1 Aug. 2012 (AS 2012 3667). Para. 4 — Term in accordance with No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). This amendment has been made throughout the text.
Art. 3 Correspondence address
(Art. 3 let. a RTVA) Broadcasters subject to the obligation to notify must designate a correspondence address in Switzerland to which communications, writs and official decisions among other things may be delivered with legal force.
Section 2 Content Principles
Art. 4 Protection of young people
(Art. 5 RTVA) 1 Broadcasters of freely-receivable television programme services must acoustically announce programmes which are unsuitable for young people or identify them as such by visual means throughout their entire period of transmission. 2 Broadcasters of subscription television must enable their subscribers by means of appropriate technical precautions to prevent access by minors to content which is unsuitable for young people.
Art. 5 Minimum quotas for European works and independent productions
(Art. 7 para. 1 RTVA) 1 Broadcasters of national and regional-language television programme services shall as far as practicable and with appropriate resources ensure that: a. at least 50 per cent of the relevant broadcasting time is reserved for Swiss or other European works; b. in their programme services at least 10 per cent of the relevant broadcasting time or at least 10 per cent of programme costs are reserved for Swiss or other European works made by independent producers. Appropriate space shall be reserved for works which are not older than five years. 2 The relevant broadcasting time referred to in para. 1 does not include the time appointed to news, sports events, games, advertising and teletext services. 3 In their annual report to OFCOM, broadcasters shall report on the extent to which these quotas have been achieved or progress has been made compared with the previous year, the reasons why this is not the case and the measures taken or envisaged to achieve these quotas or
Art. 6
Repealed by Art. 38 of the O of 6 Sept. 2023 on the Quota for European Films and Investments in Swiss Film Production, with effect from 1 Jan. 2024 (AS 2023 533).
Art. 7 Adaptation for the disabled of television programmes on SRG SSR channels
(Art. 7 para. 3 and 24 para. 3 RTVA) 1 The Swiss Broadcasting Corporation (SRG SSR) shall subtitle its contributions for each linguistic region to the following extent: a. in its television programme service: three quarters of the entire broadcasting time for editorial programmes; b. on the internet: two thirds of the programming that is only offered on the internet. 2 It shall ensure that the largest possible number of programmes broadcast in the first television programme services between 18.00 and 22.30 are accessible to the visually impaired. 3 It may achieve the numbers in paragraphs 1 and 2 by gradual expansion. 4 SRG SSR must broadcast every day in each official language at least one information programme in sign language. 5 At least one third of television programme services that are offered in terms of Article 25 paragraph 4 RTVA in collaboration between SRG SSR and other broadcasters must be subtitled. 6 Programming for people with sensory disabilities, and the scope of the o
Art. 7 — Amended by No I of the O of 29 Aug. 2018, in force since 1 Oct. 2018 (AS 2018 3209).
Art. 8 Adaptation for the disabled by other television broadcasters
(Art. 7 para. 3 and 4 RTVA) 1 Television broadcasters with a national or regional-language programme service which do not broadcast their programme service in cooperation with SRG SSR must provide the visually impaired or hard of hearing with at least one weekly programme adapted for the disabled, during prime time. 2 OFCOM exempts broadcasters from the obligation relating to editing to ensure disabled access if their annual operating expenditure is less than CHF 1 million, if their programme service is not suitable for disabled-access editing or if they transmit a programme service with low broadcasting activity. 3 Licensed regional television broadcasters must provide subtitles for their main information programme, at the latest from its first and in subsequent repeats. In the case of broadcasters that have main information programmes in two languages, the foregoing applies to both languages. 4 OFCOM shall fix the maximum amount of the payment for each broadcaster in advance based on
Art. 8 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 2 — Inserted by No I of the O of 12 March 2010 (AS 2010 965). Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849) Para. 3 — Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 4 — Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 9 Broadcasting obligations
(Art. 8 para. 1–3 RTVA) 1 SRG SSR and all broadcasters with a licence based on Article 38 paragraph 1 letter a or 43 paragraph 1 letter a RTVA must broadcast the following information: a. urgent police announcements; b. the following announcements in terms of the Civil Protection Ordinance of 11 November 2020: 1. official alarms and related instructions on conduct, as well as the all-clear announcements and the relaxation or lifting of instructions on conduct, 2. warnings issued by the authorities of natural dangers and earthquake reports of levels 4 and 5 as well as related all-clear announcements, 3. announcements correcting false alarms, 4. warnings relating to siren tests. c. a public mobilisation call for active service pursuant to Article 3 of the Ordinance of 22 November 2017 on Mobilisation for Specific Civil Support and Active Service Duties. 2 The broadcasts are made on the order: a. of the competent cantonal authority in the case of events which the cantons are responsible f
Art. 9 — Amended by Art. 23 Abs. 2 of the Alarm O of 18 Aug. 2010, in force since 1 Jan. 2011 (AS 2010 5179). Para. 1 let. b — SR 520.12 Para. 1 let. b — Amended by Annex 3 No II 7 of the Civil Protection Ordinance of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5087). Para. 1 let. c — Inserted by Art. 16 of the O of 22 Nov. 2017 on Mobilisation for Specific Civil Support and Active Service Duties, in force since 1 Jan. 2018 (AS 2017 7525). Para. 1 let. c — SR 519.2 Para. 2 let. b — Amended
Art. 10 Information in crisis situations
(Art. 8 para. 4 RTVA) 1 If direct access to the Confederation’s official sources of information is no longer possible to the same extent for all broadcasters in a crisis situation because of technical circumstances or limited space, the first radio programme services of the SRG SSR shall take precedence. 2 The Federal Chancellery shall guarantee that non-accredited broadcasters will be able to access the SRG SSR’s corresponding electronic raw material immediately and free of charge.
Section 3 Advertising and Sponsorship
Art. 11 Definitions
(Art. 10 para. 3 and Art. 2 let. k and o RTVA) 1 The following do not qualify as advertising: a. references to the programme service in which they are broadcast; b. references to programmes in other programme services by the same undertaking with no advertising character; c. references to ancillary products broadcast free of charge which are directly related in terms of content to the programme service in which they are broadcast; d. brief appeals for donations to non-profit organisations where any payment or similar consideration given to the broadcaster covers no more than the production costs. 2 Surreptitious advertising is the representation, of an advertising nature, of goods, services or ideas in editorial programmes, in particular if it is done in return for payment. 3 The coproduction of a programme by natural or legal persons who are engaged in the radio or television sector or in the production of audio-visual works is not considered to be sponsorship of a programme.
Para. 1 let. b — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 12 Identifiability of advertising
(Art. 9 RTVA) 1 Advertising must be separated from editorial programmes by a special acoustic or optical identification signal. In television, the term «advertising» in the relevant national language must be used when this is done. 1bis If an advertising spot up to 10 seconds in length is broadcast on television separately in accordance with Article 18 paragraph 1, a discrimination signal may be dispensed with if the advertising spot is made continuously and clearly identifiable by the display of the term «Advertisement» in the relevant national language on the screen. 2 Self-contained advertising transmissions on television which last longer than 60 seconds must be clearly and recognisably identified throughout by the display of the term «Advertisement» in the relevant national language on the screen. 3 Self-contained advertisements on the radio which are not clearly identifiable as such shall not last longer than 60 seconds. 4 In the advertising of local or regional radio broadcaster
Para. 1bis — Inserted by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). Para. 2 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Art. 13 Split-screen advertising
(Art. 9 para. 1 and 11 para. 1 RTVA) 1 Advertising may be inserted in part of the screen during editorial programmes if: a. the area used for advertising constitutes a unit bordering the edge of the screen, does not visually split the editorial content and does not cover more than one third of the screen area; b. the advertising is separated by clearly visible borders and a different visual design from the editorial programme and is continuously identified by the clearly legible caption ‘Advertising’ in the relevant national language; c. the advertising is restricted to a visual representation. 2 Split-screen advertising is not permitted in news or current affairs programmes, children’s programmes or during the broadcasting of religious services. 3 Split-screen advertising is counted towards the advertising time as defined in Article 19.
Art. 14 Interactive advertising
(Art. 9 para. 1 RTVA) 1 If the viewer has the possibility of switching from the programme to an interactive advertising environment by activating an on-screen button, the following conditions must be met: a. after activation, the viewer must be informed that he or she is leaving the television programme and entering a commercial environment; b. after the information according to letter a, the viewer must confirm entry into the commercial environment; c. the screen immediately following the confirmation must not contain advertising for products or services for which advertising is banned in accordance with Article 10 paragraphs 1 and 2 RTVA. 2 If the button which leads to the interactive advertising environment is inserted into the editorial part of the programme, the provisions of Article 13 apply to the inserted button.
Art. 15 Virtual advertising
(Art. 9 para. 1 RTVA) 1 Virtual advertising is the modification of the transmitted signal to replace advertising areas at the site of the recording by others. 2 Virtual advertising is permitted under the following conditions: a. the advertising surface to be replaced is associated with a public event organised by a third party; b. it replaces an existing immobile advertising surface at the site of the recording which was erected by third parties especially for this event; c. the advertising visible on-screen may use moving images only if the replaced advertising surface already contained moving images; d. at the start and end of the programme concerned, reference must be made to the fact that the programme contains virtual advertising. 3 Virtual advertising is not permitted in news or current affairs programmes, children’s programmes or during the broadcasting of religious services. 4 Articles 9 and 11 RTVA are not applicable.
Art. 16 Advertising for alcoholic beverages
(Art. 10 para. 1 let. b and c RTVA) 1 Advertising for alcoholic beverages must comply with the following rules: a. advertising for alcoholic beverages must not be addressed specifically to minors; b. no-one associated with the consumption of alcoholic beverages should appear to be a minor; c. the consumption of alcoholic beverages may not be linked to physical performance or driving vehicles; d. it must not be claimed that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of solving personal problems; e. advertising for alcoholic beverages must not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; f. the alcohol content of beverages must not be stressed. 2 No advertising for alcoholic beverages may be broadcast before, during or after programmes which are aimed at children or young people. 3 Offers for the sale of alcoholic beverages are not permitted. 4 In programmes which are subject to a ban on adver
Art. 17 Political advertising
(Art. 10 para. 1 let. d RTVA) 1 Any group which takes part in popular elections is considered to be a political party. 2 Political offices are offices to which persons are appointed by popular elections. 3 The prohibition on advertising relating to matters that are the subject of a popular vote applies from the moment of publication of the date of the vote by the competent authority.
Art. 18 Insertion of advertising
(Art. 11 para. 1 RTVA) 1 Advertising spots may be transmitted individually between programmes and during the transmission of sporting events. 2 The following transmissions may be interrupted by advertising once for each programmed period of at least 30 minutes: a. cinema feature films; b. television films, with the exception of series, serials and documentary films; c. news programmes and programmes relating to current political events. 3 Programmes for children and religious services programmes must not be interrupted by advertising. 4 No restrictions apply to any other programmes, in particular series, serials and documentary films. 5 In the case of the transmission of events which include breaks, in addition to paragraph 2 the insertion of advertising during the breaks is permitted. 6 For programmes which consist of independent parts, the insertion of advertising is permitted only between these parts. 7 For non-licensed radio programme services and for non-licensed television progra
Art. 18 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Art. 19 Duration of advertising
(Art. 11 para. 2 RTVA) 1 Advertising spots may take up a maximum of twelve minutes within one natural complete hour. 2 For non-licensed radio programme services and for non-licensed television programme services which cannot be received abroad, no restrictions apply to the duration of advertising.
Art. 19 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965). Para. 1 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 20 Mention of the sponsor
(Art. 12 para. 2 and 3, and 13 para. 4 RTVA) 1 Sponsored programmes must be identified as such. In particular, the sponsor’s name, company logo or another symbol, products and services may be used for this purpose. 2 Each mention of the sponsor must establish a clear relationship between the sponsor and the programme. 3 The mention of the sponsor must not directly encourage the conclusion of transactions relating to goods or services, in particular by means of sales promotion information relating to these goods or services. 4 During the transmission of a television programme, the sponsorship relationship may be briefly mentioned again (insert). One insert per sponsor is permitted every ten minutes of transmission time. Inserts are not permitted in children’s programmes.
Art. 20 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Art. 21 Product placement
(Art. 9 para. 1, 12 para. 3 and 13 para. 4 RTVA) 1 Goods and services which a sponsor makes available may be integrated into the programme (product placement). Product placement is subject to the provisions relating to sponsorship unless this Article provides otherwise. 2 Product placement is not permitted in children’s programmes, documentary films and religious broadcasts, unless the sponsor merely provides goods or services of low value free of charge, in particular as production aids or prizes, and does not provide any additional remuneration. 3 Clear reference must be made to product placement at the start and end of the broadcast and after each advertising break. A single reference suffices for product placements, production aids and prizes of a low value of up to CHF 5000. 4 The following cinema feature films, television films and documentary films are exempted from the identification obligation according to paragraph 3: a. those not produced or commissioned by the broadcaster i
Art. 21 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Art. 22 Additional restrictions on advertising and sponsorship in SRG SSR programme services
(Art. 14 para. 1 and 3 RTVA) 1 In SRG SSR’s television programme services, the following programmes may be interrupted by advertising: a. news and current affairs programmes: once for each programmed period of at least 90 minutes; b. other programmes: 1. between 18:00 and 23:00: once for each programmed period of at least 90 minutes, 2. at other periods of the day: once for each programmed period of at least 30 minutes. 1bis Children's programmes and broadcasts of religious services may not be interrupted by advertising. 2 In SRG SSR’s television programme services: a. advertising spots and longer forms of advertising may together amount to a maximum of 15 per cent of the daily transmission time; b. between 18:00 and 23:00, advertising spots and longer forms of advertising may together amount to a maximum of 12 minutes within one full clock hour; c. at other periods of the day, advertising spots may amount to a maximum of 12 minutes within one full clock hour. 3 Split-screen advertisin
Para. 1 let. b let. 2 — Amended by No I of the O of 13 Oct. 2010, in force since 1 Jan. 2011 (AS 2010 5219). Para. 1bis — Inserted by No I of the O of 13 Oct. 2010, in force since 1 Jan. 2011 (AS 2010 5219). Para. 2 let. a — Amended by No I of the O of 13 Oct. 2010, in force since 1 Jan. 2011 (AS 2010 5219). Para. 7 — Inserted by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Art. 23 Advertising and sponsorship in the other journalistic services from SRG SSR
(Art. 14 para. 3 RTVA) In the other journalistic services of SRG SSR that are required in addition to radio and television programme services to fulfil the programme service mandate and which are financed from radio and television fees (Art. 25 para. 3 let. b RTVA), advertising and sponsorship are not permitted, with the following exceptions: a. sponsored programmes transmitted in the programme service which are also available on demand must be provided with the corresponding mention of the sponsor; b. programmes that are available on demand and which include split-screen advertising or virtual advertising may be provided unmodified; c. advertising and sponsorship are permitted in the teletext service. The advertising and sponsorship provisions of the RTVA and this Ordinance which apply to SRG SSR’s programme services are applicable, mutatis mutandis; details are set out in the licence; d. in the licence, other exceptions may be specified for programming which arise in cooperation with
Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Section 4 Obligations relating to the Broadcasting
Art. 24 Obligation to notify changes in holdings in the broadcaster
(Art. 16 RTVA) 1 Any transfer of share capital, registered capital, cooperative capital, or the voting rights of a licensed broadcaster of at least 5 per cent or for a non-licensed broadcaster at least one third is subject to the obligation to notify. 2 Moreover, any transfer as a result of which economic control of the broadcaster changes is subject to the obligation to notify. 3 Notification must take place within one month. 4 Non-licensed broadcasters whose annual operating costs do not exceed CHF 1 million are exempt from the obligation to notify.
Para. 4 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849).
Art. 25 Obligation to notify substantial holdings of the broadcaster in other enterprises
(Art. 16 RTVA) 1 Participation in a different enterprise is subject to the obligation to notify if a licensed broadcaster owns at least 20 per cent, or in the case of a non-licensed broadcaster at least one third, of the share capital, registered capital, cooperative capital, or the voting rights of an enterprise. 2 All changes in the holdings which are subject to the obligation to notify in accordance with para. 1 must also be notified. 3 Notification must take place within one month. 4 Non-licensed broadcasters whose annual operating costs do not exceed CHF 1 million are exempt from the obligation to notify.
Para. 4 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849).
Art. 26 Obligation to provide information
(Art. 17 para. 2 let. a RTVA) The obligation to provide information in accordance with Article 17 paragraph 2 letter a RTVA also applies to legal and natural persons who are active in the radio and television market or in a related market, and: a. at least 20 per cent of their share capital, registered capital, cooperative capital or the voting rights is owned by a licensed broadcaster or at least one third of their share capital, registered capital, cooperative capital or the voting rights is owned by non-licenced broadcaster; or b. who own at least 20 per cent of the share capital, registered capital, cooperative capital or the voting rights of a licensed broadcaster or at least one third of a non-licensed broadcaster.
Art. 27 Broadcasters’ annual report and annual accounts
(Art. 18 RTVA) 1 All licensed broadcasters and other broadcasters whose operating costs exceed CHF 1 million must submit an annual report. 2 In particular, the annual report of a licensed broadcaster must include the following details: a. the name and place of residence or domicile of the broadcaster; b. the identity of board of directors and management members; c. the identity as well as the share of capital or voting rights of shareholders and other co-owners possessing at least 5 per cent of the capital or voting rights of the broadcaster, as well as their holdings of at least 20 per cent in other undertakings in the media sector; d. the broadcaster’s holdings in other undertakings of at least 20 per cent of the capital or voting rights, as well as holdings of these undertakings of at least 20 per cent in other undertakings in the media sector; e. the fulfilment of the requirements in Article 7 RTVA and of the legal and licensing obligations and conditions, in particular the fulfilm
Para. 1 — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849). Para. 2 let. h — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849). Para. 2 let. j — Repealed by No I of the O of 5 Nov. 2014, with effect from 1 Jan. 2015 (AS 2014 3849). Para. 2 let. k — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849). Para. 3 let. a — Amended by No I of the O of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 3849).
Art. 28 Recording obligation
(Art. 20 RTVA) 1 Broadcasters with a music programme service without advertising and sponsorship are exempt from the recording obligation, if the programme service does not contain any spoken information. It must be possible to reconstruct the programme service by means of playlists. 2 Broadcasters under paragraph 1 are obliged to provide the titles of the music broadcast at the request of the supervisory authority. 3 The recording and retention period for contributions forming part of the other journalistic services from SRG SSR amounts to: a. for programmes broadcast in the programme service that are kept ready for replay: four months from being broadcast in the programme service; b. for contribution in the same election or vote dossier (Art. 92 para. 4 RTVA): four months from the date of publication but no longer than two months following the date of the election or vote; c. for other contributions produced by the editorial staff: two months from the date of publication. 4 The recor
Para. 3 let. c — Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 4 — Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Section 5 Broadcasting Statistics
Art. 29 Organisation
(Art. 19 RTVA) OFCOM shall ensure the collection and processing of data and the other statistical work that is necessary to produce the statistics in accordance with Article 19 paragraph 1 RTVA (broadcasting statistics). It shall coordinate the work in application of the Federal Statistics Ordinance of 30 April 2025 and cooperate with the latter.
Art. 29 — Amended by Annex 3 No 14 of the Federal Statistics Ordinance of 30 April 2025, in force since 1 June 2025 (AS 2025 318). SR 431.011
Art. 30 Collection of data
(Art. 19 RTVA) 1 For the production of the broadcasting statistics, OFCOM uses the data obtained in implementation of the radio and television legislation, in particular the information related to the obligation to notify and in the annual reports in accordance with Article 27 paragraphs 2 and 3. 2 OFCOM may: a. collect any other data necessary for the broadcasting statistics from broadcasters of Swiss programme services; b. use the data from other authorities and organisations obtained in the application of federal law. 3 Broadcasters shall provide OFCOM free of charge with the information necessary for the production of the broadcasting statistics in the desired form.
Art. 31 Use of data
(Art. 19 RTVA) 1 Data acquired solely for statistical purposes may not be used for other purposes unless there is a legal basis for this or the broadcaster concerned has given its consent in writing. 2 In order to guarantee data protection and confidentiality of statistics, OFCOM shall take the necessary technical and organisational measures against improper processing of the data it uses. 3 OFCOM may forward the data in paragraph 1 for statistical and scientific purposes if it is guaranteed that the recipients will comply with data protection.
Art. 32 Publication of statistical results
(Art. 19 RTVA) 1 OFCOM publishes the statistical results that are of public interest. It may make them accessible online. 2 The results in terms of paragraph 1 must be in a form that excludes the identification of any natural or legal person unless the processed data has been made available to the public by OFCOM or by the person concerned or if the person consents to publication. 3 The use or reproduction of statistical results in terms of paragraph 1 is permitted if the source is quoted. OFCOM may provide for exceptions.
Section 6 Legal Deposit
Art. 33 SRG SSR archives
(Art. 21 RTVA) 1 The SRG SSR shall ensure the permanent conservation of its programmes. 2 It shall make its programme archives accessible to the public in a suitable form for personal and for scientific use, while respecting the rights of third parties. 3 In carrying out its tasks in terms of paragraphs 1 and 2, SRG SSR shall work with specialist institutions for audio-visual heritage in order to ensure that the archiving is carried out and access is guaranteed according to recognised professional standards. 4 SRG SSR costs shall if necessary be taken into account in accordance with Article 68a paragraph 1 letter a RTVA.
Art. 33 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Art. 33a Archives of other Swiss broadcasters
(Art. 21 RTVA) 1 OFCOM may support projects related to the permanent conservation of programmes from other Swiss broadcasters. 2 Programmes that are permanently conserved with OFCOM support must be made accessible to the public in a suitable form for personal and for scientific use, while respecting the rights of third parties.
Art. 33a — Inserted by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151).
Section 7 Licence Fee
Art. 34 Collection of the licence fee
(Art. 15 and 22 RTVA) 1 All revenue received from advertising and sponsorship in the programme service of a licensed broadcaster by the broadcaster itself or by third parties is deemed to be gross revenue from advertising and sponsorship. 2 For each calendar year, the licence fee shall be 0.5 per cent of gross revenue in excess of CHF 500,000. If the fee is chargeable for only part of a year, the exemption amount is reduced proportionately. 3 The licence fee is charged on the basis of the gross revenue achieved in the previous calendar year. 4 In the broadcaster’s first two years of operation, the calculation of the licence fee is based on the gross revenue budgeted for. If, on examination of the actual gross revenue achieved in these years, the amount of the fee proves to be too high or too low, then a reimbursement will be made or an additional amount will be charged. 5 When the licence expires, the licence fee for the year of cessation of transmission operations and the preceding ca
Chapter 2 Service Agreement on the Swiss Broadcast
(Art. 28 para. 1 RTVA)
Amended by No I of the O of 15 June 2012, in force since 1 Aug. 2012 (AS 2012 3667).
Art. 35
The agreement between the Federal Council and SRG SSR on the editorial offering for foreign countries is concluded in each case in the form of a four-year service agreement.
Chapter 3 Other Broadcasters with a Mandate
Art. 36 Complementary non-profit-oriented radio programme services
(Art. 38 para. 1 let. b RTVA) 1 A complementary non-profit-oriented radio programme service must differentiate itself thematically, culturally and musically from other licensed radio programme services that can be received in the same coverage area. In particular, a non-profit-oriented programme service must take account of the linguistic and cultural minorities in the coverage area. 2 In a non-profit-oriented radio programme service, the broadcasting of advertising is not permitted, with the exception of self-advertising, which predominantly serves to build audience loyalty, including references to media partnerships as defined in Article 22 paragraph 6.
Para. 2 — Amended by No I of the O of 16 Sept. 2022, in force since 1 Jan. 2023 (AS 2022 526).
Art. 37
Repealed by No I of the O of 25 May 2016, with effect from 1 July 2016 (AS 2016 2151).
Art. 38 Coverage areas
(Art. 39 para. 1 RTVA) The number and extent of the coverage areas in which licences are awarded, as well as the technical means of broadcasting, is stipulated by the Federal Council: a. in Annex 1 for radio broadcasters; b. in Annex 2 for television broadcasters.
Art. 38 — Amended by No 1 of the O of 4 July 2007, in force since 1 August 2007 (AS 2007 3555).
Art. 39 Determining the share of fees
(Art. 40 RTVA) 1 The annual share of fees: a. for broadcasters of complementary non-profit radio programme services is: a maximum of 80 per cent of their operating costs; b. for radio broadcasters and television broadcasters who can only fulfil their performance mandate by incurring especially high expenditure because of the particular features of their coverage area is: a maximum of 80 per cent of their operating costs; c. for other radio broadcasters and television broadcasters: a maximum of 70 per cent of their operating costs. 2 The maximum amount shall be specified in the licence. 3 DETEC generally reviews the share of the fees of broadcasters after five years and redefines them if necessary.
Art. 39 — Amended by No I of the O of 16 April 2020, in force since 1 Jan. 2021 (AS 2020 1461).
Art. 40 Administration of shares of fees by the Confederation
(Art. 68a and 109a RTVA) 1 The balances of the shares of the fees received by the Confederation in accordance with Article 68a and Article 109a paragraphs 1 and 2 RTVA are shown in an account on the Confederation’s balance sheet. 2 OFCOM shall publish the revenue and the manner of use of the shares of fees in accordance with paragraph 1. 3 Unused revenue shall be taken into account when next determining the level of the fee tariff.
Art. 40 — Amended by No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). Para. 1 — Amended by No I of the O of 29 Aug. 2018, in force since 1 Oct. 2018 (AS 2018 3209). Para. 3 — Inserted by No I of the O of 29 Aug. 2018, in force since 1 Oct. 2018 (AS 2018 3209).
Art. 41 Obligations of the licensee
(Art. 41 para. 1 RTVA) 1 Broadcasters with a fee-sharing licence must produce: a. rules of procedure which show the allocation of tasks and responsibilities; b. an editorial statute; and c. a mission statement which describes the measures taken to fulfil the performance mandate. 2 In the licence, DETEC may lay down other obligations which serve to ensure diversity of opinion and programming, the safeguarding of editorial independence or the fulfilment of the performance mandate. In particular, it may require the establishment of an advisory programme service committee or, in areas with only one broadcaster with a fee-sharing licence, a representative parent organisation. 3 In the licence, DETEC may prohibit the broadcasting of specific types of programme which are contrary to the fulfilment of the performance mandate.
Para. 1 — Term in accordance with No I of the O of 25 May 2016, in force since 1 July 2016 (AS 2016 2151). This change has been made throughout the text.
Art. 42 Licensee’s programme production
(Art. 44 para. 1 let. a RTVA) The programmes broadcast during the prime time of a broadcaster with a performance mandate must as a rule be predominantly produced within the coverage area.
Art. 43 Licensing procedure
(Art. 45 para. 1 RTVA) 1 OFCOM carries out the tender procedures. 2 The public invitation to tender for a licence must include at least: a. the extent of the coverage area and the technical means of broadcasting; b. a description of the performance mandate; c. in the case of licences in accordance with Article 38 RTVA: the amount of the annual share of the fees and its maximum percentage in relation to the broadcaster’s operating costs; d. the term of the licence; e. the criteria for the award. 3 The candidate must submit all information necessary for the assessment of the tender. If the tender is incomplete or includes insufficient information, OFCOM may after allowing an additional period abandon processing of the tender. 4 OFCOM shall forward all the documentation relevant to the evaluation of the tender to the interested parties. The candidate may claim an overriding private interest and require that specific information be excluded from the forwarding process. After the procedure,
Art. 44 Short-term licences
(Art. 45 para. 2 RTVA) 1 OFCOM may award licences for the broadcasting of short-term local or regional programme services which are transmitted using wireless terrestrial technology. A programme service may be broadcast on a maximum of 30 days within a maximum period of 60 days. 2 An organiser receives a maximum of one such licence per calendar year. 3 Licences for short-term programme services are awarded on application without invitation to tender if it is expected that there are no more interested broadcasters than there are available frequencies. 4 Such licences may in particular be awarded on the occasion of an important event in the coverage area, to support educational or training activity or within the framework of youth work.
Art. 44 — Amended by No I of the O of 12 March 2010, in force since 1 Apr. 2010 (AS 2010 965).
Chapter 4 Service Agreement with a News Agency of
(Art. 68a para. 1 let. b RTVA)
Inserted by No I of the O of 29 Aug. 2018, in force since 1 Oct. 2018 (AS 2018 3209).
Art. 44a
1 DETEC may enter into a service agreement with a news agency of national importance on application in order to guarantee regional reporting and reliable basic services for all linguistic regions. 2 The Confederation may contribute a maximum of four million francs towards the uncovered costs of services eligible for subsidy. 3 Support may be granted if the agency keeps an account, structured into sectors, that provides proof of the uncovered costs in the sectors eligible for subsidy. 4 It shall be funded with revenue from the radio and television fee. 5 The service agreement shall be concluded in each case for a term of no more than two years. 6 The provisions of the Subsidies Act of 5 October 1990 apply.
Para. 2 — Amended by No I of the O of 16 April 2020, in force since 1 Jan. 2021 (AS 2020 1461). Para. 6 — SR 616.1