Switzerland

Last update: September, 2018

Article 69, along with other articles of the Federal Constitution, draws a picture of the federal government's role in the promotion of culture. For instance, Article 2 paragraph 2 makes the Swiss Confederation responsible for, among other things, promoting the "cultural diversity of the country". Article 4 formally stipulates the four national languages. Article 18 safeguards the freedom of language. Article 21 guarantees the freedom of art. Article 35 necessitates the pursuance of fundamental rights. And not to be overlooked is the ban on discrimination in view of cultural diversity (Article 8 paragraph 2) and the cultural aspects of political participation (Articles 34 and 39). Under the social goals set forth in Article 41 paragraph 1, letter g therein is of particular mention, since it asserts that the federal government and the cantons commit themselves to ensuring "that children and young people are supported in their development to become independent and socially responsible persons as well as in their social, cultural and political integration". Jurisdiction with regard to culture is regulated by Article 66 and Article 67 (education, extracurricular work involving young people, adult education), Article 70 (languages), Article 71 (film), Article 78 (nature and cultural heritage) and Article 93 paragraph 2 (programming directive for the electronic media). These culturally-relevant legal statutes and directives call upon the Swiss Confederation to take into account cultural contents not only in the development of federal cultural promotion, but also in the regulation of other policy areas (cultural compatibility).

The individual wording of the articles of the Constitution are as follows:

Article 2 Aims […]

(2) It (The Swiss Confederation) shall promote the common welfare, sustainable development, inner cohesion, and cultural diversity of the country. […]

Article 4 National languages

The national languages are German, French, Italian, and Romansh.

Article 8 Equality before the law […]

(2) No person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability. […]

Article 18 Freedom to use any language

The freedom to use any language is guaranteed.

Article 21 Freedom of artistic expression

Freedom of artistic expression is guaranteed.

Article 66 Education grants

(1) The Confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. It may encourage the inter-cantonal harmonisation of education grants and lay down principles for the payment of education grants.

(2) It may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education.

Article 67 Education of young people and adults

(1) In fulfilling their duties, the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection.

(2) The Confederation may supplement cantonal measures by supporting extra-curricular work with children and young people.

Article 69 Culture

(1) Cultural matters are a cantonal responsibility.

(2) The Confederation may support cultural activities of national interest, as well as art and music, in particular in the field of education.

Article 70 Languages

(1) The official languages of the Confederation are German, French, and Italian. Romansh is also an official language of the Confederation when communicating with persons who speak Romansh.

(2) The Cantons shall decide on their official languages. In order to preserve harmony between linguistic communities, they shall respect the traditional territorial distribution of languages, and take account of indigenous language minorities.

(3) The Confederation and the Cantons shall encourage understanding and exchange between the linguistic communities.

(4) The Confederation shall support the plurilingual Cantons in the fulfilment of their special duties.

(5) The Confederation shall support the measures taken by the Cantons of Graubünden and Ticino to preserve and to promote the Romansh and Italian languages.

Article 71 Cinema

(1) The Confederation may encourage Swiss film production and film culture.

(2) It may issue regulations to promote the diversity and quality of cinematographic works that are offered.

Article 78 Protection of nature and cultural heritage

(1) The protection of nature and cultural heritage is the responsibility of the Cantons.

(2) In the fulfilment of its duties, the Confederation shall take account of concerns for the protection of natural and cultural heritage. It shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest.

(3) It may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase.

(4) It shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. It shall protect endangered species from extinction.

(5) Moors and wetlands of special beauty and national importance shall be preserved. No buildings may be built on them and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes.

Article 93 Radio and television

(1) The Confederation is 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.

(3) The independence of radio and television as well as their autonomy in deciding on programming is guaranteed.

(4) Account 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.

Last update: September, 2018

The allocation of public funds in Switzerland is effected on three levels: the federal government, the cantons, the communes, and the private sector. Allocation is subject to the principle of subsidiarity. On the federal level, pursuant to the Dispatch on Culture, the culture budget is determined by Parliament for a period of four years. In the cantons and communes, financial resources for the promotion of culture come from the annually approved public budget – in some cases also for multi-year periods. Other financial resources are derived from foundations and the sponsoring efforts of private enterprise.

Public administrations in Switzerland are, as a rule, run according to the principles of New Public Management, according to which individual areas are allocated global budgets. These budgets must be used in accordance with performance mandates and service agreements – which run for periods lasting from one to four years depending on the regional authority.

Actual budgets are passed, in each case, by Parliament. Laws and decrees regulate the areas of responsibility, but not how they are financed. Another case is bequests which are to be federally administered. Bequests often have to be made available for certain purposes (e.g. social, cultural).

Last update: September, 2018

There is no comprehensive social security framework for artists in Switzerland. This was discussed within the context of the new Culture Promotion Act (2009), and proved to be one of the most controversial issues since Parliament partly took the view that this aspect should be rather part of a revised Social Security Act. The Culture Promotion Act stipulates (Article 9) that the Confederation and the Pro Helvetia Foundation transfer a percentage of the financial assistance granted to creative artists to the individual's pension fund or another form of financial provision. The Federal Council determines the percentage (see Article 9 CuPA), which is currently 12%.

This issue also takes major priority for umbrella associations, and some initial steps in this area have already been taken. To date, three voluntary Vorsorgeeinrichtungen (pension funds) in the area of film, the performing and dramatic arts, and music have existed; they are all private foundations, some are solidarity funds, while others are run by collecting societies. With the financial support of the Federal Office of Culture, "Suisseculture Sociale" (a social capital scheme for artists in need, which acts on the basis of subsidiarity) and "Suisseculture Contact" (an advice centre for artists), have been established.

Last update: September, 2018

The Swiss fiscal system subscribes firmly to the principle of federalism. No uniform legislation for direct taxation is applicable to the entire national territory. In terms of the Swiss concept of the state, fiscal sovereignty resides entirely with the cantons, based on twenty-six different legislations. The cantons are also responsible for the assessment of taxes. The federal government levies indirect taxes and direct federal tax. The most important source of revenue for the federal government is value added tax.

Special provisions are provided in Article 92 of the Federal Act on Direct Federal Taxation (DFTA; income tax), including "tax-at-source" for artists living in a foreign country. Otherwise, artists are subject to the same tax regulations as everyone else (for self-employed persons, see Article 27ff. and 125, 2 DFTA; for the gainfully employed, see Article 26, 125, 1 and 127, 1 DFTA).

Although private support for culture is quite high in Switzerland compared to other European countries (see chapter 1.2.2), there are demands to introduce additional incentives to attract even more private investment in order to relieve public budgets. New legislation is needed to achieve this goal, in areas such as  the law on foundations (see chapter 2.9), tax law, and law on lotteries. Also, the attitude of the public administration toward private investors will have to change if an environment conducive to private investment is to be created.

Donations or contributions in the form of sponsorship are tax deductible. Cantonal administrations are being encouraged to pursue a more liberal tax policy toward foundations and private sponsors. Tax deductions vary considerably among the cantons. On the federal level, the deduction amounts to 10% of net profits. The cantons are able to stipulate their own percentage levels and conditions for tax exemptions, thereby making it possible for deductions to amount to 100%, such as in the Canton of Basel.

The Lotteries Act is crucial for cultural funding, as lottery funds constitute a major share of public cultural support. Conclusive assessment and a subsequent ruling are unlikely to be reached any time soon.

At present, two large lottery companies (SwissLos and Loterie Romande) hold exclusive rights to run lottery games, as granted by cantonal authorities. This situation has come under increasing criticism by the promoters of a free market policy (see chapter 2.9).

Last update: September, 2018

Labour relations, including employment contracts, are regulated by the Swiss Code of Obligations (CO, in particular Article 319 ff.), and are monitored by professional artists associations (see also chapter 4.1.3).

Last update: September, 2018

Switzerland is a member of the Berne Convention for the Protection of Literary and Artistic Works (1886), and of the Universal Copyright Convention (1956). Switzerland has yet to ratify the Geneva Convention and the Rome International Convention.

The Copyright Act protects the rights of the creators of works of literature and art, the rights of practising artists, the rights of the creators of sound and audio-visual media and of the broadcasting companies, and places collecting societies under federal supervision.

The Copyright Act was revised by Parliament in 2007. Swiss legislation ensures a high level of protection compared to the rest of Europe. Introducing remuneration for the mass exploitation or release of protected works tends to improve the position of creative artists. Additional fees benefiting the creators of works are levied on the transferring of sound media onto empty cassettes, on the recording of programmes, on the photocopying of works at libraries, schools, and private enterprises, as well as on the rental of copies made of the original work. Furthermore, the term of protection is extended from 50 years to 70 years after the creator's death.

The copyright working group (AGUR12) appointed by the Federal Council in August 2012 published its final report in December 2013. In the working group, artists and representatives of producers, the economy, users and consumers have collated and intensively discussed, for well over a year, the numerous criticisms levelled at copyright in the digital age. As a result, AGUR12 has proposed a package of measures in five main areas: improving information for consumers, expanding and thus increasing the attractiveness of legal offers, simplifying the fight against piracy, increasing the efficiency and transparency of the collective rights management organisations, as well as adapting the limitations and exceptions to copyright to recent developments. These recommendations are addressed partly to rights owners and the collective rights management organisations, and partly to the legislature and the federal administration. Downloading from the internet should remain permissible; unauthorised uploading, however, will remain illegal.

On 6 June 2014, the Federal Council dealt with the AGUR12 recommendations and mandated the FDJP to prepare a draft bill for public consultation by the end of 2015.

Collecting societies in Switzerland include SUISA (music), Pro Litteris (literature and the fine arts), Suissimage (audiovisual works), Société suisse des auteurs (word, music, choreographic, audiovisual and multimedia works), and Suisseperform (rights of performing artists, phonogram producers, audiovisual producers and broadcasters).

Last update: September, 2018

A decree based on the Federal Act on Data Protection touches on culturally and politically relevant issues in the area of internet piracy. Issues for discussion are being raised by the collecting societies and ifpi Schweiz (Swiss National Committee of the International Federation of Producers of Phonograms and Videograms).

The Federal Act on the International Transfer of Cultural Property and the related duty to exercise diligence can be regarded, if even, as a contribution made by the Swiss Confederation to preserving the cultural heritage of humankind, and to preventing the theft, looting, and illegal import and export of cultural goods. The Act on the transfer of cultural property reflects the implementation of the corresponding 1970 UNESCO Convention. Since the enactment of this Act in June 2005, the Federal Office of Culture  has maintained a unit specialised in the international trading and transfer of cultural goods.

Last update: September, 2018

Switzerland is a multilingual country. It has four national languages – German, French, Italian and Romansh; other languages make up a share of 9%. The latter figure reflects the percentage of foreign nationals (22%) living in Switzerland. The Languages Act (2010) is an important tool for achieving the key objectives of Swiss cultural policy, including the fostering of cultural diversity, the improvement of access to culture, and cultural exchange both within Switzerland and with countries abroad (see Dispatch on Culture and chapter 2.5.4)

The Swiss Broadcasting Corporation (SRG SSR) – under the Radio and Television Act (2006) – produces seven television programmes in all national languages. The federal government pays particular attention to the integration of the Romansh culture into these programmes. Additional funds are forwarded to the SRG for French and Italian-language broadcasts. The strong emergence of the dual channel sound system is also enabling more and more broadcasting in English.

The film industry has a similar language commitment to uphold. For instance, companies can only exploit the theatrical release of a film if they own the rights for the entire national territory in the original version and for the versions in all national languages.

Information is currently not available.

Last update: September, 2018

Note: A range of laws, decrees, and regulations exist at the cantonal and municipal levels which cannot be shown here.

At the end of 2009, Federal Parliament adopted the Culture Promotion Act. The Act conveys the federal government's cooperative mode of conduct – particularly with regard to the cantons, cities, and communes – and links the system of federal cultural promotion with the corresponding systems in the cantons, cities, and communes. The new Act establishes a legal basis for the cultural activities of the Confederation for the first time (see also

The following concrete aims are associated therewith:

• the responsibilities of the Confederation toward the cantons, communes, and cities, which are primarily responsible for the promotion of culture, are subject to precise delimitation;
• the division of tasks between the federal authorities responsible for the promotion of culture (FOC, PH, FDFA) are subject to clear regulation;
• the cultural policy guidelines of the Confederation are determined; and
• four-year payment frameworks are adopted to steer the Confederation's funding of culture (Dispatch on Culture), for the first time presumably for the 2012-2015 period. The Dispatch on Culture for 2016-2019 will be discussed in the national parliament in 2014.

According to Article 78 of the Swiss Federal Constitution, cultural heritage and properties are regulated by the Nature and Cultural Heritage Act and Ordinance, whose aims are to:

• preserve and protect the landscape and scenery, including historical sites and natural and cultural monuments; and
• support the research and training of specialists.

In order to achieve these objectives, the federal government may protect its own buildings and direct concessions, authorisations and contributions (see chapter 2.5.4) for the preservation of non-publicly owned sites.

There are two federal advisory commissions on cultural heritage, namely, the Federal Commission for Nature and Heritage Conservation and the Federal Commission for Historical Monuments and Site Conservation. The Federal Office for the Environment, Forestry and Landscape and the Federal Office of Culture only play a consultative role. Cantonal offices also collaborate with these commissions.

Other federal legislation in this domain includes the Priority List for Nature and Heritage Conservation of 1966, the Federal Act on Museums and Collections of the Swiss Confederation of 2009, and the Federal Act on the International Transfer of Cultural Property of 2003. 

Switzerland is a member of many conventions, including the European Convention on the Protection of the Archaeological Heritage, the Convention on the Protection of Historical Buildings in Europe, and the Convention Concerning the Protection of the World Cultural and Natural Heritage.

The new Culture Promotion Act (2009, enacted on 1 January 2102) is the legal basis for the performing arts and music.

The performing arts and music sectors, however, are to be promoted primarily on the cantonal and city levels.

The new statutory basis for the visual and applied arts is the Culture Promotion Act, which came into effect on 1 January 2012.

The book trade in Switzerland was based on a fixed price policy (net book agreement). An agreement between publishers, distributors, and bookstores guaranteed consumers pay retail prices as determined by publishers. Great controversy has arisen in recent years in response to the Competition Commission's decision to ban fixed prices on books, a decision subsequently upheld by the Federal Supreme Court. The Competition Commission came to the conclusion that there is no causal link between fixed prices on books and the variety of titles, broad range of selection, and the high density of booksellers. The Federal Council is convinced that cultural policy goals can be obtained by means of government-supported books and publishers. Currently, there are no fixed prices for books in Switzerland.

The relevant laws in the field of literature and libraries are:

• The Federal Act on National Languages and Understanding between the Linguistic Communities of 5 October 2007 (Sprachengesetz, SpG/LangA)
• The Federal Act on the Swiss National Library of 18 December 1992 (Nationalbibliotheksgesetz, NBibG/NLibA)
• The Culture Promotion Act of 11 December 2008 (Kulturförderungsgesetz, KFG/CuPA)

Last update: September, 2018

Film, video and photography

The Film Act and Film Ordinance have been in force since 2002. The Film Decree was elaborated by the Federal Office of Culture (FOC) together with the Federal Film Commission and the Swiss film industry. The current Film Promotion Ordinance has been in force since the beginning of 2006. The Dispatch on Culture, as the concrete implementation of the new Culture Promotion Act, determines the scope and nature of film promotion for the period 2012-2015. Film promotion includes financial support for projects, as well as the funding of production, marketing, and distribution endeavours. The term film culture refers to various measures such as support granted to film festivals, the publishing of film journals, or programmes aimed specifically at children and young people. In the form of financial contributions to cinemas, distribution, and dissemination, the federal government aims to promote the diversity and quality of the films on offer in Switzerland. Further, another focal area is co-production and international cooperation by means of an active co-production policy.

In 1997, "succès cinéma", a reward system for film production, was provisionally introduced to provide additional funds to those producers (their team, production company, distributors, and the cinema) whose films attracted the greatest number of viewers. This support scheme will definitely continue. For 2007, a minimum admission requirement for profit-based film promotion was additionally introduced (CHF 10 000 for feature films and CHF 5 000 for documentary films).

A major role is played by the Federal Film Commission, whose function is to give expert advice regarding federal regulations.

As already mentioned, the federal government can support "domestic" as well as foreign-Swiss productions and film culture through financial contributions, quality awards, and prizes (see also chapter 7.2.4). It also supports film festivals and provides resources for education and further training in this sector.

The relevant laws in the area of film, video, and photography are:

• Federal Act on Film Production and Film Culture (FiA) of 14 December 2001
• Film Ordinance of 3 July 2002 (FiO)
• Ordinance on Film Promotion (FiFV) of the of 20 December 2002
• Ordinance on the Swiss Film Award of the of 30 September 2004
• Ordinance on the Promotion and Enhancement of the Applied Arts of 18 September 1933

Mass media

Switzerland is a multilingual country. The mandate of the Swiss Broadcasting Corporation (SRG SSR) is to produce and broadcast radio and television programmes in the country's four languages: German, French, Italian, and Romansh. For this reason, the radio and television studios are located in the different language regions and additional funds are made available to enable the French and Italian language regions to produce as many programmes in their respective languages as in the German-speaking region of Switzerland.

In accordance with the Radio and Television Act,, the Swiss broadcasting landscape is opening up to private broadcasters while public broadcasting continues to maintain a strong position, primarily for political and cultural reasons. In 2008, the Federal Office of Communications granted 41 broadcasting concessions for local radio stations and 13 broadcasting concessions for regional television stations. These concessions contain service remits that should also guarantee public service on a regional basis. The new Act came into force in 2007 (see also chapter 2.5.3).

The institutionalisation and organisation of radio and television is based on Article 93 of the Federal Constitution, the Federal Act and Ordinance on Radio and Television (RTVA / RTVO), and on many (non-binding) guidelines issued by the Federal Office of Communications (BAKOM). Article 93 specifies that information, education, and entertainment are the main functions of the Swiss Broadcasting Corporation. It guarantees the independence and autonomy of radio and television as well as gives consideration to Switzerland's cultural communities. Radio and television should take account of original Swiss audio-visual and film productions and co-productions with other European countries, in line with European regulations (e.g. European Convention on Transfrontier Television). SRG SSR has a legal right to obtain a license and to collect license fees.

Switzerland is a member of the European Broadcasting Union, which is based in Geneva.

The diversity of the Swiss press reflects the federalist and multilingual structures of Switzerland. However, trends toward a concentration of the press have affected Switzerland in the past few years (according to the Federal Statistical Office; in 2006 there were 84 daily newspapers, in 2000 there were 93; and in 1985 there were 111). For this reason, whether public funds should be allocated to promoting press diversity or whether this would distort the mechanism of the press market has been on the political agenda. Although direct support for press diversity has been rejected in Parliament, indirect support (e.g. reduced shipping costs) is to be expanded.

The relevant laws in the area of mass media are:

• Federal Act on Radio and Television (RTVA) of June 21, 1991
• Radio and Television Ordinance of October 6, 1997 (RTVO)

Last update: September, 2018