20101220 Media Landscape in Switzerland

Media landscape Switzerland

Mitglied der FHO Fachhochschule OstschweizMedia and Public Relation, , Cornelia Lindner & Christian Cornelia Lindner & Christian Stärkle Stärkle

1 December 2010

Seite 1

Newspapers, magazines, radio and television

Legal basis

Mitglied der FHO Fachhochschule OstschweizMedia and Public Relation, , Cornelia Lindner & Christian Cornelia Lindner & Christian Stärkle Stärkle Seite 2

European Convention on Human Rights


EHCREHCR

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


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.

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.


Federal Federal ConstitutionConstitutionCHCH

Federal Court

Federal Criminal Court

Federal Administrative

Court

Federal Councilgovernment, 7 members

Federal Chancellery

Federal departments (7)

7 Years

4 Years

4 Years


Parliamentapproving every federal law and supervising the government

Federal departments (7)•of Foreign Affairs

•of Justice and Police

•of the Interior

•of the Environment, Transport, Energy and

Communications

•of Finance

•of Defence, Civil Protection and Sports

•of Economic Affairs

National Council200 members

representing the people

Council of States46 members

representing the cantons20 cantons and 6 half

cantons with their own

constitution

Citizen ofSwitzerlandindependend

where they

live.

4 Years 4 Years

Changing the federalconstitution

•Popular initiative

•Referendum

hierarchy Federal Constitution

Federal Constitution

LawsLaws

RegulationsRegulations


RegulationsRegulations

InstructionsInstructions

disposalsdisposals

Fundamental Fundamental rightsrights


Art. 7 Human dignity

Human dignity must be respected and protected.


Human dignity must be respected and protected.

Art. 10 Right to life and to personal freedom

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

prohibited.

2 Everyone has the right to personal liberty and in particular


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.

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.


mail and telecommunications.

2 Everyone has the right to be protected against the

misuse of their personal data.



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


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.

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


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.

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.

Take samples of what you point out that this is not

always true……..

…. and present the samples.


…. and present the samples.

Time to do that: 15 minutes (without presentation)

entertainmententertainment lawlaworor


orormediamedia lawlaw

“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.

Switzerland is the only Switzerland is the only country country without a without a

media media law!law!


media media law!law!

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.

Art. 93 Radio and television

3 The independence of radio and television as well as

their autonomy in deciding on programming shall be

guaranteed.


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.

RestrictionRestriction ofoffundamental fundamental rightsrightsArt. 36Art. 36


Art. 36Art. 36

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


federal act. The foregoing does not apply in cases of

serious and immediate danger where no other course of

action is possible.

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.


3 Any restrictions on fundamental rights must be

proportionate.

4 The essence of fundamental rights is sacrosanct.

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


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.

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


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.




Thanksand have a good day.

Mitglied der FHO Fachhochschule OstschweizMedia and Public Relation, , Cornelia Lindner & Christian Cornelia Lindner & Christian Stärkle Stärkle

1 December 2010

Seite 32

Documents

20101220 Media Landscape in Switzerland