Paper: Medialex

The diversity of opinion and offerings and the Swiss Cartels Act from the perspective of granting broadcasting licenses

According to the Swiss federal Commission for Media, the written press is facing considerable financial difficulty. The Commission fears that the diversity of information is in jeopardy. Avenir Suisse – a liberal Think Tank – shares these fears and even proposes to withdraw the Swiss Broadcasting Corporation (SGR SSR) from the competitive market by transforming it into a Public Content Provider. The Federal Act on Radio and Television includes provisions providing for the protection of the diversity of opinions and offerings. The relevant provisions refer to the Cartel Act and state that the Department must consult the Competition Commission in order to assess a potential dominant position. Past experiences have shown that the Cartel Act is not suitable to protect the diversity of media. The author examines this incompatibility on the example of the radio broadcasting licence.