The National Council does not want any restriction on replay TV

With replay TV, many viewers switch to fast-forward during advertising, which means that advertising revenue is lost. The National Council's Legal Affairs Committee therefore wanted to enshrine in law that cable network operators may only allow the fast-forwarding of advertising if the TV broadcaster has agreed to this.

Commission spokesperson Matthias Aebischer (SP/BE) emphasized that no one wanted to ban replay TV, not even the rewinding of advertising. Above all, the Commission wanted to bring about negotiations between TV broadcasters and cable network companies.

However, the Commission's proposal had no chance in the Council: The regulation was rejected by 182 votes to 6 with 9 abstentions. Opponents feared that television broadcasters would not allow advertising to be skipped or would charge fees for this, which would be passed on to consumers.

Never miss "Bonanza" again

Beat Flach (GLP) stated that linear television was something of the past for young people. They don't even know how painful it used to be to miss an episode of "Bonanza". Replay TV should not be prevented or restricted. Andrea Gmür-Schönenberger (CVP/LU) said it was unacceptable to enshrine an obligation to consume advertising in the law.

Justice Minister Simonetta Sommaruga also opposed the regulation. The initial situation was unclear, she said. The broadcasting companies claimed that they were losing out on advertising revenue of over CHF 100 million a year due to replay TV. The cable network operators disputed this sum. Sommaruga also pointed out that the cable network operators were already paying CHF 35 million for time-shifted television. This includes a contribution for advertising losses.

Hosting provider in duty

The centerpiece of the copyright revision, the fight against piracy, was undisputed. This is to be carried out by Swiss hosting providers who store content. Already today, providers generally remove content from their servers upon notification if it infringes copyright. In future, they will have to prevent illegal content from being uploaded again - without having to report it again. If they fail to do so, they can be prosecuted.

Originally, the Federal Council also wanted to make access providers - internet access providers - responsible. They would have to block access to certain websites on the instructions of the authorities. However, following criticism during the consultation process, the Federal Council refrained from blocking the network. It also dispensed with the planned measures against peer-to-peer networks such as music sharing networks.

Longer protection period

On the other hand, the bill contains measures to make better use of the potential of digitization. Museums, libraries and research institutions should benefit from this. For music performers and producers of sound recordings, the term of protection will be extended from 50 to 70 years.

The Federal Council based its decision on a compromise that creative artists, producers, providers and consumers were able to agree on after a long struggle. The aim is to better protect the interests of creative artists in the internet age without criminalizing internet users.

All photographs protected

On Thursday, the National Council approved an extension of protection for photographs. Today, copyright law only protects photographs if they have an individual character. Photographs that document current events, for example, are not protected. Professional and amateur photographers can hardly defend themselves against unwanted use of their images. In future, all photographs will be protected.

The National Council also agrees that filmmakers should receive remuneration for video-on-demand use. The regulation is intended to take account of the increasing online use of works and the disappearance of video stores. As a result, filmmakers currently generate lower revenues.

Hotel levy canceled

Hotels, hospitals and prisons will no longer have to pay for the use of public works on their premises. The National Council decided to define this use as personal use. Sommaruga argued in vain that this would mean a loss of up to one million francs for creative artists. In the overall vote, the National Council approved the revised copyright law by 196 votes to 0. It also approved two agreements of the World Intellectual Property Organization. These guarantee a standard in international relations that is already enshrined in law in Switzerland. The bill now goes to the Council of States. (SDA)