Federal Council sees no need for regulation

The increasing influence or manipulation of political discourse by false information ("fake news") and the fact that it is increasingly generated automatically by programs (so-called "social bots") are currently the subject of intense debate. Social media play a central role in the spread of "fake news." The report notes that individual problematic aspects of this are already covered by current law. Platform operators and private organizations have launched various initiatives for self-regulation against intentionally produced false information.

The Federal Council is of the opinion that it is not appropriate to create additional standards in this area for the time being. However, national and international developments must be monitored and it must be analyzed whether the existing legal framework together with the instruments of self-regulation is sufficient or whether further state regulation will be necessary in addition.

More and more advertising on social networks

With the increasing popularity and professionalization of "social media stars," social networks are becoming more and more popular as distribution channels for commercial advertising messages. Today, Swiss law lacks specific declaration regulations for advertising on social media. The only regulations to be observed are those of fairness law. Whether the transparency requirement applicable to radio and television advertising should be extended to social media will have to be examined as part of the preparatory work for a law on electronic media.

Ongoing regulatory projects

Various regulatory projects are currently underway that also relate to social media and will improve the security of social network users in the medium term.

• Privacy: The revised Data Protection Act (DPA) regulates numerous aspects that are of importance in connection with social media, such as the obligation to protect data through technology or the expansion of the duty of care in data processing. The consultation on the DPA ended in April 2017, and the results are currently being evaluated by the Federal Department of Justice and Police (FDJP).
• Youth Protection: The Federal Department of Home Affairs (FDHA) is working on improving the protection of minors on social media. By the end of 2017, a draft law on the uniform regulation of age ratings and restrictions on the release of games and videos should be available. The national "Youth and Media" project raises young people's awareness of how to deal with media.
• Telecommunications: The revision of the Telecommunications Act (TCA) also provides for requirements to improve the protection of children and young people. Among other things, telecommunications service providers are to be required to offer advice on the options for protecting children and young people when purchasing mobile communications and Internet subscriptions.
• Safety: The totally revised Federal Act on the Surveillance of Postal and Telecommunications Traffic (BÜPF) and the new Intelligence Services Act (NDG), which are expected to come into force in 2018, will help identify and monitor individuals on larger social media platforms to protect important national interests.

International law enforcement as a challenge

The Federal Council notes that it can be difficult to assert legal claims internationally. The ongoing efforts at the international level, for example in the Council of Europe, to find a practical solution here should therefore be vigorously pursued by Switzerland.

Renewed location determination

The report was prepared three years after the first status report by the Federal Council on the legal basis for social media. The revision work that has begun in the meantime has been taken into account.

Press release Bundesrat / For more info on the Report "Legal Basis for Social Media: Reassessing the Current Situation (2017)"  to view.