Advertising Law Update: Providers in the film and video game sector, such as streaming services, must now implement minimum youth protection measures by law in Switzerland. The new Federal Act and Ordinance on Youth Protection in the Film and Video Game Sectors (JSFVG and JSFVV) regulate the details. Industry associations are required to establish detailed regulations within two years.
What is it about?
Until now, there were no specific youth protection regulations for online service providers in Switzerland. Since January 1, 2025, the JSFVG has established minimum requirements for youth protection in the film and video game sectors (see press release). Minors are to be protected from media content in films and video games that could endanger their development. This particularly addresses depictions of violence or sexually explicit content. The JSFVG creates uniform age ratings and controls for films and video games throughout Switzerland. Parents should have the necessary information available so that their children consume age-appropriate films and video games (see press release). The measures focus on pre-first-use measures and content labeling, thereby directly influencing the online presence and communication strategy of providers.
Who is Obligated?
The new rules apply in particular (but not exclusively) to:
- Providers of on-demand services, i.e., services or parts thereof, whose main purpose is to make films or video games selected by the provider available for on-demand access to the general public, with consumers being able to choose the time of access themselves. This includes providers of Video-on-Demand (VoD) and especially streaming services that offer films or video games. Prominent examples are PlaySuisse, blueTV, or Netflix.
- Furthermore, the law also covers providers of platform services, i.e., a service or a separable part of a service, whose main purpose is to provide an electronic platform to the general public, where users can upload films or video games themselves and retrieve them. The provider of the platform service determines the organization of user-generated content but bears no editorial responsibility for this content. This includes streaming services that merely provide infrastructure to users without selecting films or video games themselves, e.g., YouTube.
How are Streaming Services Obligated?
Platform service providers must at least set up systems for age verification before first use and for reporting content unsuitable for minors (Art. 20 JSFVG).
On-demand service providers must also implement systems for age verification. In addition, they must provide a system for parental control (Art. 8 JSFVG). On-demand service providers may only make films and video games accessible if the required minimum age (age rating) and content descriptors are clearly indicated (Art. 6 JSFVG).
Data obtained through age verification may not be used by providers for other purposes (Art. 8 Para. 3 JSFVG and Art. 20 Para. 3 JSFVG ).
However, these minimum requirements will only come into force at a later – yet to be determined – date. Providers have time to technically implement the minimum measures.
What are the Risks?
In the area of on-demand and platform services, the Federal Social Insurance Office (FSIO) has supervisory authority (Art. 28 JSFVG). The FSIO and partly also industry organizations can open test accounts, etc., to check the implementation of the measures (Art. 22 JSFVG).
However, the prosecution of punishable offenses is the responsibility of the Cantons (Art. 36 Para. 1 JSFVG ). In case of intentional disregard of the minimum requirements for platform and on-demand services, a fine of up to CHF 40,000 (Art. 34 JSFVG ). However, this also only applies once the rules on minimum measures come into force.
Scope and Obligation for Industry Solutions
A co-regulation is planned, i.e., cooperation between public authorities and private actors in the sector. The federal government has defined minimum measures for youth protection in the film and video game sectors. Through their respective industry organizations, stakeholders are now to develop their own youth protection regulations within two years that at least comply with the federal framework conditions. The entry into force of the minimum measures for streaming service providers (and others) will be coordinated with these industry regulations.
The federal government relies on industry regulations, also due to existing positive examples of successful self-regulation (cf. Message JSFVG BBl 2020 8223):
- The industry initiative “Youth Media Protection” by asut includes prevention obligations, obligations to provide effective internet filters, and (for VoD) a youth protection function to block films with age restrictions.
- A second example of successful self-regulation in the area of youth protection are the guidelines of the “Code of Conduct Hosting” by Swico (formerly simsa). In it, Swiss hosting providers regulate the handling of illicit content such as child pornography and apply a notice-and-takedown procedure.
Now the industry associations are called upon: If, after two years, no binding youth protection regulations from the industry organizations are available, the Federal Council can issue such detailed rules itself as a substitute (Art. 19 JSFVG).
For questions regarding youth and consumer protection online and offline, we are happy to advise you.
This article is part of a series of updates and developments in advertising law:
- Advertising Law Update 1: Amendment to the Price Disclosure Ordinance – more flexibility in advertising with discounts
- Advertising Law Update 2: New rules for green claims in advertising
- Advertising Law Update 3: New Swiss Youth Protection Rules for Streaming Services (current article)
- Advertising Law Update 4: Partial Revision of the Value Added Tax Act: Introduction of Platform Taxation from January 1, 2025
