Switzerland Considers Changes to Copyright Law for Online Service Providers
Switzerland’s executive branch, the Federal Council, has expressed its support for amending copyright laws to ensure that large online service providers, including social media platforms and search engines, compensate media companies for the use of their journalistic content. The proposed change aims to address the current lack of remuneration for media companies and journalists when their work is utilized by online platforms. The government highlighted the significance of the internet in facilitating public discourse and noted that much of the content provided by search engines and social media platforms relies heavily on journalistic works produced by traditional media outlets. However, Swiss copyright law does not currently protect short excerpts of journalistic content, known as “snippets.”
Government Examination and Compensation Negotiations
The Federal Council has initiated a four-month examination of the proposed legal amendment to enhance compensation for journalists and media companies. The specific rates of compensation would need to be determined through negotiations between industry players. The government’s recommendation is that large online service providers should be obliged to pay media companies for the use of snippets. For instance, if a search engine displays snippets of newspaper articles in its search results, it would be required to remunerate the media company accordingly. However, this requirement would only apply to the largest online services that attract a user base equivalent to at least 10 percent of Switzerland’s population. It is estimated that the population of Switzerland was approximately 8.8 million at the end of last year.
International Context and European Union Directive
The Swiss government referenced developments in other countries, such as the European Union’s directive, which, although Switzerland is not a member, has enabled media companies to safeguard their interests in relation to online service providers. The directive implemented measures to ensure fair compensation for media companies when their content is used by online platforms. By considering similar changes to its copyright law, Switzerland aims to address the evolving media landscape and protect the rights of journalists and media organizations.
Overall, the Swiss government’s proposal seeks to introduce regulations that require large online service providers to compensate media companies for the utilization of snippets, thus acknowledging the value of journalistic content in the digital era.
