SWITZERLAND Law and Practice Contributed by: Lukas Morscher, Lukas Staub and Jil Eichenberger, Lenz & Staehelin
the Swiss legislation strives to keep laws tech - nology-neutral, the general rules apply to the operation of online video channels. Quota and Investment Obligation in Swiss Film Production On 15 May 2022, a quota and an investment obligation in Swiss film production for stream - ing services was approved in a public vote. The approval led to an amendment to the Film Act of 14 December 2001 (the “FiA”) requiring the implementation of provisions regarding a Euro - pean quota and an obligation to invest in Swiss film-making through the Ordinance on the Quota for European Films and Investment in Swiss Film Production or the “FQIO”). The provisions came into force on 1 January 2024 and included: • an obligation for streaming service provid - ers to invest 4% of the revenue generated in Switzerland in Swiss film productions; • the investment may be made either directly in Swiss film production or by payment of a substitute levy which will be used to support Swiss film production; and • an obligation for streaming service providers to broadcast at least 30% of series or films produced in Europe. In October 2023, the Federal Office of Culture issued practical guidance on the quota and investment obligation on its website.
tions techniques, excluding television and radio programme services. Key supplementary laws include: • the Federal Ordinance on Telecommunica - tions Services of 9 March 2007 (the “OTS”); and • the Federal Ordinance on Telecommunica - tions Installations of 25 November 2015 (the “TIO”), ensuring alignment with international and European standards for electronic com - munications equipment. The Federal Council issues technical regulations for telecommunications installations, including requirements for conformity assessment, certi - fication and basic technical specifications, while the OFCOM designates technical standards to ensure compliance. The telecommunications legal framework applies to telecommunications service providers (TSPs), which are providers of services qualifying as telecommunications services. The TCA defines TSPs as services transmitting information for third parties using telecommunication techniques, which include the sending or receiving of information by wire, cable or radio using electrical, magnetic, optical or other electromagnetic signals. Switzerland’s telecommunications sector is reg - ulated by two agencies. The first is the Federal Communications Commission (the “ComCom”) and the second is the OFCOM. Fixed-line, mobile telephony and satellite services fall under the TCA and its implementing ordinances. Under a revision, which came into effect on 1 Janu - ary 2021, consumer protection was enhanced (eg, international roaming, open internet and safeguarding minors) while promoting deregu - lation and administrative simplification, such as abolishing general notification and licensing requirements. Among other things, the registra -
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
In Switzerland, the telecommunications sector is regulated at a federal level by the TCA as the primary legal framework. The TCA governs the transmission of information via telecommunica -
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