When the Copyright Act was revised in 2019, there were calls for legal regulation to protect media content, following the European Union’s example. Parliament chose not to regulate because it was unclear whether the EU regulation was beneficial and how the Member States would implement it. Instead, it instructed the Federal Council to report on copyright developments, including the situation of media companies and journalists. It also asked the Federal Council to take into account the development of the relevant law in the EU. On 17 December 2021, the Federal Council published its report ‘The revision of the Copyright Act. Effectiveness review’ (in German). In the report, it recognised that it is justifiable to remunerate media companies for their works, and it instructed the Federal Department of Justice and Police (FDJP) to prepare a bill for consultation. The consultation procedure is due to end on September 15, 2023.


Need for action

An investigation into competition for advertising revenue carried out on behalf of the IPI showed that advertising revenue flows to information society service providers to such an extent that it jeopardises the continued existence of the Swiss media landscape.


Guaranteeing freedom of information

To preserve freedom of information, information society service providers are to be allowed to continue displaying text and image previews (snippets). However, media companies are to receive remuneration for such online use of their products in future. Journalists are to be paid a share of this remuneration. Remunerating the use of text and image snippets should lead to more fairness in the media industry.