Media Landscape in Switzerland

Media landscape Switzerland
Newspapers, magazines, radio and television
1 December 2010
Media
Mitglied and Public
der FHO Relation
Fachhochschule Ostschweiz
, Cornelia Lindner & Christian Stärkle Seite 1
Legal basis
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European Convention on Human Rights
EHCR
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Article 10 – Freedom of expression
1 Everyone has the right to freedom of expression. This right

shall include freedom to hold opinions and to receive and
impart information and ideas without interference by public
authority and regardless of frontiers. This article shall not
prevent States from requiring the licensing of broadcasting,
television or cinema enterprises.
Media
Mitglied and Public
der FHO Relation
2 The exercise of these freedoms, since it carries with it duties
and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law
and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the
prevention of disorder or crime, for the protection of health or
morals, for the protection of the reputation or rights of others,
for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of
the judiciary.
Media
Mitglied and Public
der FHO Relation
Federal Constitution
CH
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4 Years
Federal Council
Federal Court government, 7 members
Federal Federal 7 Years

Criminal Court Administrative
Federal Chancellery
Court
4 Years
Federal departments (7)
•of Foreign Affairs
•Popular initiative Changing the federal •of Justice and Police
•Referendum constitution •of the Interior
•of the Environment, Transport, Energy and
Communications
Citizen of •of Finance
Switzerland Parliament •of Defence, Civil Protection and Sports
approving every federal law and supervising the government •of Economic Affairs
independend
where they
live. National Council Council of States
200 members 46 members 20 cantons and 6 half
representing the people representing the cantons cantons with their own
constitution
4 Years 4 Years
Media
Mitglied and Public
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hierarchy Federal
Constitution
Laws
Regulations
Instructions
disposals
Media
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der FHO Relation
Fundamental rights
Media
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Art. 7 Human dignity
Human dignity must be respected and protected.
Media
Mitglied and Public
der FHO Relation
Art. 10 Right to life and to personal freedom
1Everyone has the right to life. The death penalty is

prohibited.
2 Everyone has the right to personal liberty and in particular

to physical and mental integrity and to freedom of
movement.
3 Torture and any other form of cruel, inhuman or degrading

treatment or punishment are prohibited.
Media
Mitglied and Public
der FHO Relation
Art. 13 Right to privacy
1 Everyone has the right to privacy in their private and

family life and in their home, and in relation to their
mail and telecommunications.
2Everyone has the right to be protected against the

misuse of their personal data.
Media
Mitglied and Public
der FHO Relation
Media
Mitglied and Public
der FHO Relation
Media
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Art. 15 Freedom of religion and conscience
1 Freedom of religion and conscience is guaranteed.

2 Everyone has the right to choose freely their religion or
their philosophical convictions, and to profess them alone or

in community with others.
3 Everyone has the right to join or to belong to a religious
community, and to follow religious teachings.

4 No one shall be forced to join or belong to a religious
community, to participate in a religious act, or to follow

religious teachings.
Media
Mitglied and Public
der FHO Relation
Art. 16 Freedom of expression and of information
1 Freedom of expression and of information is guaranteed.
2 Everyone has the right freely to form, express, and impart

their opinions.
3 Everyone has the right freely to receive information to gather

it from generally accessible sources and to disseminate it.
Media
Mitglied and Public
der FHO Relation
Art. 17 Freedom of the media
1 Freedom of the press, radio and television and of other

forms of dissemination of features and information by
means of public telecommunications is guaranteed.
2 Censorship is prohibited.
3 The protection of sources is guaranteed.
Media
Mitglied and Public
der FHO Relation
Take samples of what you point out that this is not
always true……..
…. and present the samples.
Time to do that: 15 minutes (without presentation)
Media
Mitglied and Public
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entertainment law
or
media law
Media
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“Entertainment law” or “media
law” in Switzerland is a term for
a mix of categories of
traditional law with a focus to
the entertainment industry.
Media
Mitglied and Public
der FHO Relation
Switzerland is the only
country without a
media law!
Media
Mitglied and Public
der FHO Relation
Art. 93 Radio and television
1 The Confederation shall be responsible for legislation on

radio and television as well as on other forms of public
broadcasting of features and information.
2 Radio and television shall contribute to education and

cultural development, to the free shaping of opinion and
to entertainment. They shall take account of the
particularities of the country and the needs of the
Cantons. They shall present events accurately and allow
a diversity of opinions to be expressed appropriately.
Media
Mitglied and Public
der FHO Relation
Art. 93 Radio and television
3 The independence of radio and television as well as

their autonomy in deciding on programming shall be
guaranteed.
4Account must be taken of the role and duties of other

media, in particular the press.
5 Complaints about programmes may be submitted to an

independent complaints authority.
Media
Mitglied and Public
der FHO Relation
Restriction of
fundamental rights
Art. 36
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Art. 36 Restrictions on fundamental rights
1 Restrictions on fundamental rights must have a legal

basis. Significant restrictions must have their basis in a
federal act. The foregoing does not apply in cases of
serious and immediate danger where no other course of
action is possible.
Media
Mitglied and Public
der FHO Relation
Art. 36 Restrictions on fundamental rights
2 Restrictions on fundamental rights must be justified in

the public interest or for the protection of the fundamental
rights of others.
3Any restrictions on fundamental rights must be

proportionate.
4 The essence of fundamental rights is sacrosanct.
Media
Mitglied and Public
der FHO Relation
According to Article 36 restrictions on Fundamental rights
need a legal basis. Severe restrictions have in Law a
determination. Except Cases of serious, imminent and no
other unavoidable danger. Limitations Fundamental rights
are also required by a public interest or the protection of
Fundamental rights of third parties may be justified.
Finally, have restrictions on fundamental rights be
proportionate.
Media
Mitglied and Public
der FHO Relation
For some people (police officers, soldiers, etc.) may result
from their special relationship with the state (special
relationship) there could be additional restrictions on certain
freedoms. At special circumstances (police), the general
principles are observed.
For example, the right to freedom must not be more

limited, as the special relationship in each case requires.
Media
Mitglied and Public
der FHO Relation
Media
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der FHO Relation
Media
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Media
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Thanks
and have a good day.
1 December 2010
Media
Mitglied and Public
der FHO Relation

Media Landscape in Switzerland

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Media Landscape in Switzerland

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Media landscape Switzerland

Newspapers, magazines, radio and television

1 Everyone has the right to freedom of expression. This right

Federal Federal 7 Years

Human dignity must be respected and protected.

1Everyone has the right to life. The death penalty is

2 Everyone has the right to personal liberty and in particular

3 Torture and any other form of cruel, inhuman or degrading

1 Everyone has the right to privacy in their private and

2Everyone has the right to be protected against the

1 Freedom of religion and conscience is guaranteed.

their philosophical convictions, and to profess them alone or

community, and to follow religious teachings.

community, to participate in a religious act, or to follow

1 Freedom of expression and of information is guaranteed.

2 Everyone has the right freely to form, express, and impart

3 Everyone has the right freely to receive information to gather

1 Freedom of the press, radio and television and of other

3 The protection of sources is guaranteed.

…. and present the samples.

Time to do that: 15 minutes (without presentation)

1 The Confederation shall be responsible for legislation on

2 Radio and television shall contribute to education and

3 The independence of radio and television as well as

4Account must be taken of the role and duties of other

5 Complaints about programmes may be submitted to an

1 Restrictions on fundamental rights must have a legal

2 Restrictions on fundamental rights must be justified in

3Any restrictions on fundamental rights must be

4 The essence of fundamental rights is sacrosanct.

For example, the right to freedom must not be more

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