The bill specifies that if large information society service providers display excerpts from the journalistic publications of media companies, whether large or small, they must remunerate the media companies in question. The journalists who author the displayed content are to receive a share of the remuneration.
The regulation is designed in such a way that media companies cannot ban the display of snippets. Affected information society service providers cannot avoid paying remuneration by shortening snippets. This should ensure that there are no incentives to shorten snippets, as such incentives would not favour the freedom of information. Hyperlinks are to be excluded from the regulation and will not attract any remuneration.
Only profit-oriented online service providers with an average annual number of users amounting to at least ten per cent of the Swiss population will be obliged to pay remuneration. The relevant collective rights management organisations will negotiate the remuneration with the information society service providers, and the Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights (FACO) will check whether it is appropriate. If the FACO approves the remuneration, the collective rights management organisations will collect it and distribute it to all parties entitled to a share.
No effects on internet users are expected. In particular, the regulation will not have any financial consequences for them.
The media companies and journalists entitled to a share of this remuneration can expect increased revenues. Major information society service providers will now have to pay remuneration. The amount of the remuneration will be determined by the collective rights management organisations, which will negotiate this with the affected information society service providers and their associations. Negotiations will take place once the regulation has come into force.
You can find detailed information about the effects of the regulation on the economy in the linked regulatory impact analysis.
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"