The Federal Council and Parliament are committed to Netflix Lex






© KEYSTONE/ANTHONY ANEX


The Swiss will say on May 15 if they want 18 million francs to be paid each year to independent Swiss cinema via streaming platforms. Federal Councilor Alain Berset came to defend Lex Netflix in front of the press on Tuesday.

Swiss television channels must invest 4% of their turnover in Swiss cinematographic creation. They thus make an important contribution to the film production of the country, can we read in a press release from the Federal Department of the Interior.

However, films and series are increasingly offered on demand via the Internet (streaming). In Switzerland, unlike many neighboring countries, streaming services are currently not subject to any obligation to invest.

Ensuring the diversity of the offer

The modification of the law on cinema provides that streaming services must also invest 4% of the turnover they achieve in Switzerland in Swiss cinematographic creation. They can either participate directly in indigenous productions or pay a replacement tax which will be used to support Swiss cinema.

They will also have to reserve 30% of their catalog for series or films produced in Europe. The change in the law aims to ensure that streaming services and television channels are on an equal footing.

The additional amount that should benefit Swiss cinematographic creation thanks to this extended investment obligation is estimated at 18 million francs per year.

Arguments of the referendums

A referendum was filed against this change in law. The referendum committee considers that the obligation to invest in Swiss cinematographic creation is equivalent to a special tax for streaming platforms, which will affect the price of subscriptions.

He also considers it unfair that streaming services must devote 30% of their offer to European films. According to the committee, this will hamper the freedom of consumers and will penalize productions from the rest of the world.

On an equal footing

For the Federal Council and Parliament, the law will ensure that television channels and streaming services, Swiss and foreign, are on an equal footing. Foreign television channels broadcasting Swiss windows will also have to make a contribution to the diversity of the cinematographic offer.

The law will also guarantee that a small part of the turnover generated in Switzerland remains in Switzerland. Jobs can thus be created and orders placed for local industry.

It is also unlikely that the obligation to invest will have an impact on the prices of streaming providers. Even in countries applying very high rates, no link can be established between regulation and tariffs.

As for the obligation for streaming services to broadcast at least 30% of European series and films, this percentage is already applied in the European Union and is lower than that of television channels. Streaming services are already sticking to it, so nothing will change for Swiss consumers.

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