Switzerland

Last update: September, 2018

It was not until the end of the 1950s that the first more specific provisions on culture and arts, limited to certain subject areas, found their way into the Federal Constitution of the Swiss Confederation: in 1958, for example, an article on film (currently Art. 71 of the Federal Constitution) or in 1962 an article on nature and cultural heritage protection (currently Art. 78 of the Federal Constitution).^[1] Before that, an unwritten cultural competence of the Confederation, tacitly derived from the Constitution, was the basis of the Confederation's cultural activities. With the total revision of the Constitution in 1999, the federal government's promotion of culture finally received an explicit constitutional basis in Art. 69:^[2]

Art. 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.

(3) In the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.

A new constitutional provision to promote music education was adopted by the popular vote on 23 Sept. 2012 (Art. 67a, in force since 23.9.2012).

Currently, there are several constitutional articles that are related to culture in a "broader" sense: for instance, Art. 2 para. 2 makes the Swiss Confederation responsible for, among other things, promoting the "the internal cohesion and cultural diversity of the country". Art. 4 formally stipulates the four national languages. Art. 16 guarantees freedom of expression and of information. Art. 17 guarantees freedom of the media ( and Art. 17 para. 2 prohibits censorship). Art. 18 safeguards the freedom of language. Art. 21 guarantees freedom of art. Art. 35 necessitates the pursuance of fundamental rights. And not to be overlooked is the ban on discrimination in view of cultural diversity (Art. 8 para. 2) and the cultural aspects of political participation (Art. 34 and 39). Under the social goals set forth in Art. 41 para. 1, section ‘g’ therein is of particular mention, since it asserts that the federal government and the cantons commit themselves to ensure "that children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration." Jurisdiction with regard to culture is regulated by Art. 66 and Art. 67 (education, extracurricular work involving young people, adult education), Art. 67a (musical education), Art. 70 (languages), Art. 71 (film), Art.78 (nature and cultural heritage) and Art. 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). 

Most constitutions of the cantons include legal obligations related to culture, for example the constitution of the canton of Zurich, in Art. 120: "The canton and communes promote culture and the arts.", in the areas of cultural heritage (Art. 103.II), intercultural dialogue (Art. 7: "The canton and communes create favourable conditions for dialogue between cultures, world views and religions.") or in the context of innovation (Art. 8: "The canton and communes create favourable conditions for economic, cultural, social and ecological innovation.").

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

Article 2 Aims […]

(2) It (The Swiss Confederation) shall promote the common welfare, sustainable development, internal 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 the 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. […]

Art. 16 Freedom of expression and of information

(1) Freedom of expression and of information is guaranteed.

(2) Every person has the right freely to form, express, and impart their opinions.

(3) Every person has the right freely to receive information 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. […]

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.

Art. 67a Musical education*

1 The Confederation and Cantons shall encourage musical education, in particular that of children and young people.

2 They shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. If the Cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the Confederation shall issue the required regulations.

3 In consultation with the Cantons, the Confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.

*Adopted by the popular vote on 23 Sept. 2012, in force since 23 Sept. 2012 (FedD of 15 March 2012, FCD of 29 Jan. 2013; AS 2013 435; BBl 2009 613, 2010 1, 2012 3443 6899, 2013 1135).

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.

(3) In the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.

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.

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^[1] vgl. André Briel/Oliver Waespi/Daniel Zimmermann: Kulturrecht des Bundes, in: Ehrenzeller, Bernhard. Schweizerisches Bundesverwaltungsrecht, Bildungs-, Kultur-und Sprachenrecht. Vol. 9. Helbing Lichtenhahn Verlag, 2018, pp. 581ff. (Google Drive, Scan)
^[2] ibid.

Last update: July, 2021

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 Culture Dispatch, the culture budget is determined by Parliament for a period of usually four years (one legislative term). 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.

Public administrations in Switzerland are, as a rule, run 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: July, 2021

There is no comprehensive social security framework for artists in Switzerland. The Culture Promotion Act stipulates (Art. 9) that the Confederation and the Swiss Arts Council Pro Helvetia 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 Art. 9 CuPA), which is currently 12%. This amount is equally financed by the cultural practitioner and half by the Federal Office of Culture and Pro Helvetia respectively.

This issue is also a priority for umbrella associations, and some 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. In 2020 and until the end of 2021, the Suisseculture Sociale association is operating an emergency fund ("Notfonds") for supplementary support for professional cultural workers who have experienced economic hardship as a result of Covid-19 and related measures (based on the Federal Act on the Legal Basis for Federal Council Ordinances to Deal with the Covid-19 Epidemic (Covid-19 Act, SR 818. 102) of 25 September 2020 and on the Ordinance of 14 October 2020 on Measures in the Cultural Sector pursuant to the Covid-19 Act (Covid-19 Cultural Ordinance, SR 442.15).

Artists, unemployment and Switzerland’s old-age insurance system

Self-employed artists and cultural workers are in principle not entitled to unemployment insurance benefits (Arbeitslosenversicherung ALV) and are responsible for their own occupational benefits and for covering the risk of unemployment. A report published in 2007 by the Federal Office of Culture on the Social Security of Cultural Workers in Switzerland describes the legal context: Claims from the ALV can be made by those who meet the eligibility requirements according to Art. 8 para. 1 of the Federal Law on Compulsory Unemployment Insurance and Insolvency Compensation (AVIG). In principle, persons must have been in employment for at least twelve months (twelve-month contribution period) in the two years before becoming unemployed. According to Art. 12a AVIV, for insured persons in occupations with frequently changing or temporary employment, the contribution period is doubled for the first 30 calendar days of a temporary employment relationship. According to Art. 8 AVIV, professions in which frequently changing or fixed-term employment is common include in particular "musician, actor, artist, artistic employee for radio, television or film, film technician and journalist".

Last update: July, 2021

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 3.2), 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 4.3), 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 free-market policy.

Last update: July, 2021

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.

Salaries in the Federal Administration consist of a basic salary, allowances, bonuses and fringe benefits and are published in salary tables on the website of the Federal Personnel Office (FPO) (legal basis: Federal Personnel Act (FPA), Federal Personnel Ordinance (FOPI)). The statutory promotion of Switzerland's quadrilingualism has a direct influence on the recruitment processes of federal employees (Art. 7 LangO; see 4.1.8).

New Work

According to data from the Federal Statistical Office (Cultural workers: Number, socio-demographic profile and working conditions (2021)), the share of employed cultural workers in full-time employment in Switzerland has decreased from 55.7% to 49.8% of cultural workers between 2010 and 2019 (before Covid-19), while the share of part-time workers (< 50%) has increased from 20.5% to 22.5%. The (consistently) high proportion of women among part-time workers (< 50%) is striking: 31.9%, compared to 13.4% for men (2019 data). The number of self-employed in the cultural sector (definition by the FSO), has increased from 41.5% to 45.1% between 2010 and 2019.

In terms of the overall labour market, according to the Federal Statistical Office, both the share of workers in temporary employment (from 1.9% to 2.5%) and the share of workers with multiple employers (from 6.5% to 7.7%) increased between 2005 and 2016. The share of atypical-precarious employment (at least one form of temporal or economic insecurity compared to a normal employment relationship) fluctuated between 2.2 and 2.5 % in the years 2010-2016, but without a clear upward or downward trend. Teleworking has become increasingly important over the past 20 years and the private home is gaining importance as a second place of work. The number of workers who teleworked at least occasionally, from 2001 to 2019, increased from 250 000 to 1.1 million, according to the Federal Statistics Office. People who telework regularly, but less than 50% of the time, accounted for a total of 10.6% of the employed population in 2019. According to a Federal Council report on the impact of digitalisation on employment and working conditions - opportunities and risks (2017), the Federal Council did not yet see any immediate need for legislative action in the context of labour law aspects of telework.

Last update: July, 2021

Switzerland is a member of the Berne Convention for the Protection of Literary and Artistic Works (1886), and of the Universal Copyright Convention (1956). The Marrakesh Treaty on Facilitating Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled and the Beijing Treaty on the Protection of Audiovisual Performances both entered into force under the revised Copyright Act in 2020. Switzerland has yet to ratify the Geneva Convention and the Rome International Convention.

The Copyright Act (Federal Act of 9 October 1993 on Copyright and Related Rights) 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 audiovisual media and of the broadcasting companies, and places collecting societies under federal supervision. In order to adapt copyright law to the development of technology and society's approach to culture, a modernised Copyright Act came into force on 1 April 2020, around 10 years after the revision was initiated, followed by a consultation process:

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 the 6th 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. On 27 September 2019, Parliament approved the modernisation of the Copyright Act.

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 (or data carriers), 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.

Collecting societies in Switzerland include SUISA (music), ProLitteris (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).

Arts, Copyright and Fair Use

The use of published works as "quotations" is subject to the restrictive provision of Art. 25 para. 1 CopA. The quotation must serve as "an explanation, a reference or an illustration, and the extent of the quotation is justified for such purpose."

Art. 25 Quotations

1 Published works may be quoted if the quotation serves as an explanation, a reference or an illustration, and the extent of the quotation is justified for such purpose.

2 The quotation must be designated as such and the source given. Where the source indicates the name of the author, the name must also be cited.

(...)

International context: recent developments

In 2021, the Parliament has approved accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (WIPO). This will allow Swiss beneficiaries of designations of origin and geographical indications to protect their rights abroad through a single application.

Last update: July, 2021

In addition to the data protection laws at the cantonal level, data protection is regulated by the Federal Data Protection Act of 19 June 1992 (FADP) and the Ordinance to the Federal Data Protection Act of 14 June 1993. On 25 September 2020, Parliament adopted the totally revised Federal Data Protection Act (FDPA). Among other things, this is intended to improve the transparency of data processing and strengthen the self-determination of data subjects over their data. At the same time, the total revision is intended to ensure, in simple terms, that the EU continues to recognise Switzerland as a third country with an adequate level of data protection.

The Federal Data Protection and Information Commissioner (FDPIC) is the competent authority for data processing by federal bodies and private persons, including enterprises. As far as data processing by cantonal or communal authorities is concerned, the supervision is up to the cantonal and communal data protection commissioners. They have founded the association «privatim».

Last update: July, 2021

The Confederation's language promotion is based primarily on the Language Act of 5 October 2007 (LPA) and the Language Ordinance of 4 June 2010 (LDA), which implement the constitutional mandate to promote Switzerland's quadrilingualism. (Source)

Switzerland is a multilingual country (see 2.5.4). It has four official national languages – German, French, Italian and Romansh; other languages make up a share of 9%. The latter figure reflects the percentage of foreign nationals (around 25%) living in Switzerland. The Federal Act on the National Languages and Understanding between Linguistic Communities (Languages Act 2010) is an important tool for achieving the key objectives of Swiss cultural policy, including the fostering of cultural diversity (with quadrilingualism as one of Switzerland's fundamental characteristics), the improvement of access to culture, and cultural exchange both within Switzerland and with countries abroad.

According to the Federal Office for Statistics, "between 1970 and 2017, the number of people having indicated German (or Swiss German) as the main language(s) has slightly diminished, from 66% to 63%. Italian and Romansh have also diminished respectively from 11% to 8%, and 0,8% to 0.5%. On the other hand, French as main language has increased from 18% to 23% in the same period. The section of the population having indicated a non-national language as their main language has increased significantly from 4% to 23%, mainly because from 2010 it was possible to indicate various main languages."

In administrative units of the Confederation, including e.g. the Federal Office of Culture as the central organ of the Confederation's cultural policy, the representation of the linguistic communities must aim for certain ranges along the four official national languages: German: 68.5 – 70.5%; French: 21.5 – 23.5%; Italian:  6.5 – 8.5% and Romansh:  0.5 – 1.0% (Art. 7 LangO; Art. 20 para. 2 LangA and Art. 4 para. 2 let. e FPA).

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.

Legal basis:

Federal Act on the National Languages and Understanding between the Linguistic Communities (Languages Act, LangA)
Ordinance on the National Languages and Understanding between the Linguistic Communities (Languages Ordinance, LangO)

Last update: July, 2021

Gender Equality Act

On equal treatment in matters of employment and occupations regardless of gender, the Gender Equality Act (GEA; in force since 1996) is particularly relevant, with the "aim of furthering true equality between women and men" (Art. 1 GEA). In reality, there are still significant gaps in gender equality. With the 2020 revision (the first since the GEA came into force), employers with 100 or more employees will be obliged to conduct a pay equity analysis within one year. The aim, as the Federal Office for Gender Equality writes, is to enforce the constitutional right to equal pay for work of equal value.

Last update: July, 2021

Note: A range of laws, decrees, and regulations exist at the cantonal and municipal levels, which cannot be shown here. In the 1960s, the first cultural laws were drafted and voted on in various cantons. In the canton of Basel-Landschaft, Switzerland's first cantonal culture promotion law was passed on 26 May 1963 in a popular vote with 69 per cent in favour (followed by Graubünden (1965), Solothurn (1967), Aargau (1968)).^[1]

Federal cultural law is based on several federal acts and numerous ordinances (please find a list below).

Federal Law on the Promotion of Culture (LEC)

With the 'total revision' of the Swiss Federal Constitution in 1999, the promotion of art and culture became an explicit task of the federal government (Art. 69 BV). To implement this so-called "cultural article" of the Constitution, a Federal Law on the Promotion of Culture (LEC) was developed and adopted by the Federal Parliament at the end of 2009 (in force since 2012). 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;
• the FOC is given new tasks in the area of promoting musical education and preserving cultural heritage.
• the organisation of the Swiss Arts Council Pro Helvetia is being modernised
• four-year payment frameworks are adopted to steer the Confederation's funding of culture.

List: Federal acts and ordinances (Source)

• Federal Act of 11 December 2009 on the Promotion of Culture (Culture Promotion Act, KFG - SR 442.1)
• Federal Act on Federal Museums and Collections (SR 432.30)
• Federal Act on the International Transfer of Cultural Property (KGTG; SR 441.1)
• Federal Act on Film Production and Film Culture (Film Act, FiG; SR 443.1)
• Federal Act on the National Languages and Communication between the Language Communities (Language Act, SpG; SR 441.1)
• Federal Act on the Swiss National Library (National Library Act, NBibG; SR 432.21)
• Nature and Cultural Heritage Protection Act (NHG; SR 451)
• Ordinance of 23 November 2011 on the Promotion of Culture (Culture Promotion Ordinance, KFV)
• Ordinance of 4 June 2010 on the National Languages and Communication between the Language Communities (Language Ordinance, SpV)
• Ordinance of the FDHA on the Promotion Concept for Strengthening Cultural Participation of 29 October 2020
• Ordinance of the FDHA on the Promotion Concept for the Support of Organisations of Professional Cultural Workers of 5 July 2016
• Ordinance of the FDHA on the Funding Concept for the Support of Organisations of Non-professional Cultural Workers of 5 July 2016
• Ordinance of the FDHA on the Promotion Concept for the Promotion of Reading of 5 July 2016
• Ordinance of the FDHA on the Promotion Concept for the Promotion of Publishing of 13 March 2020
• Ordinance of the FDHA on the Funding Concept for the Support of Museums, Collections and Networks of Third Parties for the Preservation of Cultural Heritage of 29 November 2016
• Ordinance of the FDHA on the Funding Concept for the Promotion of Music Education of 29 November 2016
• Ordinance of the FDHA on the Funding Concept for Swiss Prizes, Swiss Grand Prix and Purchases of 6 May 2016
• Ordinance of the FDHA on the Funding Concept for the Support of Cultural Events and Projects of 29 October 2020
• Ordinance of the FDHA of 29 October 2020 on the Funding Concept for the "youth+music" programme
• Rules of Procedure of 22 October 2020 of the Swiss Arts Council Pro Helvetia Foundation
• Ordinance of the Board of Trustees of the Swiss Arts Council Pro Helvetia Foundation of 22 October 2020 on its contributions (Pro Helvetia Contributions Ordinance)
• Ordinance of 27 October 2011 of the Board of Trustees of the Swiss Arts Council Pro Helvetia Foundation on the staff of the Pro Helvetia Foundation (Pro Helvetia Staff Ordinance)
• Ordinance of 14 October 2020 on measures in the area of culture pursuant to the Covid 19 Act (Covid 19 Culture Ordinance)

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^[1] Source: Valär, Rico Franc, Kreis, Georg. "Wie viel Kulturpolitik braucht die Schweiz?", 2019, pp. 123-136.

Last update: July, 2021

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
• the support of cantonal monument preservation through federal contributions
• support the research and training of specialists. 

There are two federal advisory commissions on cultural heritage, namely, the Federal Commission for the Protection of Nature and Cultural Heritage and the Swiss Federal Commission for Monument Preservation. The Federal Office for the Environment 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:

• Federal Act on Museums and Collections of the Swiss Confederation of 2009
• Federal Act on the International Transfer of Cultural Property of 2003
• Federal Decree of 19 June 1975 on two UNESCO Conventions concerning the Protection of Cultural and Natural Heritage and the Conservation of Wetlands 
• Ordinance on the Federal Inventory of Sites in Switzerland worthy of Protection (VISOS)
• Ordinance on the Federal Inventory of Landscapes and Natural Monuments (VBLN)
• Ordinance of 14 April 2010 on the Federal Inventory of Historic Transport Routes in Switzerland (VIVS)

Switzerland is a member of many international conventions, including the UNESCO World Heritage Convention (WCW), the Granada Convention of 3 October 1985 for the Protection of the Architectural Heritage in Europe, the Malta Convention for the Protection of the Archaeological Heritage of 16 January 1992, the European Landscape Convention, the UNESCO Convention on the Protection of the Underwater Cultural Heritage and the Faro Convention (the Council of Europe Framework Convention on the Value of Cultural Heritage for Society).

Excursus: The Protection of Cultural Property in Switzerland

As witnesses to history, as identity-forming objects of a community and its culture, cultural property is safeguarded within the framework of the protection of cultural property (KGS). By acceding to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (SR 0.520.3) in 1962, Switzerland undertook to establish measures to respect and protect its own and other countries' cultural property.  Framework conditions can be found, among others, in the Federal Act on the Protection of Cultural Property in the Event of Armed Conflict, Disaster and Emergency (KGSG). According to the Federal Office for Civil Protection FOCP, "Implementation is the responsibility of the cantons in all cases where responsibility does not lie directly with the Confederation".

Last update: July, 2021

The Culture Promotion Act (2009, enacted on 1st January 2012) 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.

Last update: July, 2021

The freedom of artistic expression is covered in Art. 21 of the Federal Constitution. The first legal basis in the field of support for artistic creation was the Federal Decree on the Promotion and Improvement of Swiss Art of 1887 (Bundesbeschluss betreffend die Förderung und Hebung der Schweizerischen Kunst 1887). On the basis of this federal decree, the Federal Art Commission (EKK) was founded in 1888.

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

Last update: July, 2021

Since 2007, there has been no price fixing for books in Switzerland. Before, 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 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.

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

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

Last update: July, 2021

Film

The promotion of filmmaking and film culture is a primary task of the Confederation (Art. 71 of the Federal Constitution). The primary legal bases of federal film funding are:

• Film Act of 14 December 2001 (FiA) and Film Ordinance (FiO) of 3 July 2002.
• Ordinance of the FDHA on Film Funding (FiFV) of 21 April 2016.
• Ordinance of the FDHA on the Promotion of the International Presence of Swiss Filmmaking and MEDIA Replacement Measures (IPFiV) of 21 April 2016.
• Ordinance on the Swiss Film Award of the of 30th September 2004

Switzerland has also concluded co-production agreements with various countries and signed the European Convention on Cinematographic Co-production.

The first Swiss Federal Act on Film came into force on 1 January 1963. The total revision of the Film Act 2002 placed film promotion on a modern legal basis. The Film Ordinance was elaborated by the Federal Office of Culture (FOC) together with the Federal Film Commission and the Swiss film industry.

The first Culture Dispatch, as the concrete implementation of the Culture Promotion Act, determined 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. 

The revision of the Film Act as part of the Cultural Despatch 2021-2024 provides for a direct investment obligation for foreign streaming services such as Netflix and foreign TV stations with Swiss advertising windows (4 per cent of their revenues in Switzerland) in independent Swiss filmmaking ((currently discussed)).

In 1997, "succès cinéma", a reward system for film production was introduced to provide additional funds to those producers (their team, production company, distributors, and the Cinema) whose films attracted the greatest number of viewers. 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. 

The federal government can support "domestic" as well as international co-productions with Swiss participation and film culture through financial contributions, quality awards, and prizes (see also chapter 8.1.4).

Mass media

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.

The institutionalisation and organisation of radio and television are 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 audiovisual 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 relevant laws in the area of mass media are: 

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

Last update: July, 2021

Architecture

Federal Act of 1st July 1966 on Nature and Cultural Heritage (NHG) 

This Act specifies the areas of responsibility (preserving, protecting and promoting the conservation and maintenance of native scenery and localities of interest, historical sites as well as natural and cultural monuments; supporting cantons and relevant organisations; promoting teaching and research)

Decree of 16th January 1991 on Nature and Heritage Conservation (NHV)

Corresponding decree

Other areas

Federal Act of 24th March 2000 on the Cultivation of Switzerland's Image Abroad

The federal government shall promote the dissemination of a general awareness of Switzerland, the creation of sympathy for Switzerland and the presentation of Switzerland's diversity and appeal. For this purpose, it shall maintain an organisation based at the foreign ministry.

Federal Law on the Promotion of Extracurricular Work among Young People (KJFG) of 30th September 2011

This Act regulates the promotion of extracurricular activities (of national interest) undertaken by children and youths by the federal government. The completely revised Act was passed by Parliament in September 2011.

Federal Law on the Promotion of Education for Young Swiss Citizens Abroad of 1st January 2012

The completely overhauled law was passed by Parliament in September 2011

Ordinance on the Promotion of Extracurricular Youth Activities, Youth Development Ordinance (YDO) of 1st January 2012