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Acceptée Fédéral Culture et médias 15 mai 2022

Amendment to the Film Act (« Lex Netflix »)

On 15 May 2022, Swiss voters decided on the revision of the Film Act, nicknamed the "Lex Netflix". The text, adopted by Parliament, had been challenged by a referendum launched by the young centre-right parties (Young FDP, Young SVP, Young…

Oui — 58.4% Non — 41.6%
Participation : 39.5%
L'enjeu de l'époque

On 15 May 2022, Swiss voters decided on the revision of the Film Act, nicknamed the "Lex Netflix". The text, adopted by Parliament, had been challenged by a referendum launched by the young centre-right parties (Young FDP, Young SVP, Young Liberal Greens).

At the heart of the reform: the obligation, for streaming platforms generating revenue in Switzerland, to invest 4% of their gross Swiss income in national film and audiovisual production, or to pay a substitute levy. Added to this was a 30% European-works quota in catalogues.

The supporters' central argument was fairness: Swiss television channels were already subject to an investment obligation, while Netflix, Disney+ and the like were exempt. Opponents denounced a coming rise in subscription prices and a restriction of free choice.

The stakes concerned the durable funding of Swiss cinema in the streaming age. Turnout, modest, was 39.5%, and the law was clearly accepted, carried by massive French-speaking support.

Methodological note: This sheet treats the vote factually and non-partisanly. The verdicts concern only the verifiable campaign arguments — those that can be checked against facts observed since the vote — and not the ballot result itself.
▲ Cantons that accepted
19 cantons. Massive French-speaking support: Vaud (76.1%), Geneva (74.6%), Neuchâtel (70.5%), Jura (64.7%), Fribourg (63.9%). Bern (59.8%) and Valais (59%) followed.
▼ Cantons that rejected
Seven cantons, mostly in central and eastern Switzerland: Schaffhausen (57.8%), Schwyz (57.6%), Obwalden, Appenzell Innerrhoden, Nidwalden, Thurgau and Uri. For a federal law, only the popular majority counted.

Actors and personalities

▲ Yes camp
Federal Council and majority of Parliament
SP, Greens, The Centre, GLP
Film industry (Cinésuisse, ARF/FDS)
SRG SSR and cultural circles
▼ No camp
Young FDP, Young SVP (referendum initiators)
Young Liberal Greens
FDP and SVP (majorities)
Liberal circles and some platforms
Worth noting : A typical generational and linguistic divide: the reform was carried by cultural circles and broadly endorsed in French-speaking Switzerland, while the referendum came from the centre-right youth wings.

Arguments and verdicts

▲ Arguments FOR (Yes camp)
Platforms will fund Swiss film-making
« The streaming giants will have to reinvest 4% of their Swiss revenue in national cinema. »
— "Yes" committee, 2022
✓ Argument confirmed
Confirmed: the law came into force on 1 January 2024. By end-March 2024, over 70 companies had registered, 21 of them subject to the obligation, for declared revenue of CHF 752 million and a minimum investment of about CHF 30 million; CHF 15.9 million had already been allocated in the first year.
Source: FOC; Le Temps / 24 heures, 2024.
Platforms will be put on a par with Swiss broadcasters
« It is unfair that Swiss channels invest while Netflix is exempt. »
— Film industry, 2022
✓ Argument confirmed
Confirmed: since 2024, streaming services are subject to an investment obligation comparable to that already borne by Swiss broadcasters. The regulatory alignment sought by supporters is effective.
Source: FOC, implementation of the Film Act.
▼ Arguments AGAINST (No camp)
Subscriptions will become more expensive
« Platforms will pass the 4% levy on to Swiss subscription prices. »
— Referendum committee, 2022
✗~ Partly refuted
Partly refuted: the price rises seen at Netflix and others since 2022 are global and tied to other factors (pricing strategy, end of account-sharing). No specifically Swiss surcharge attributable to the 4% levy has been documented.
Source: platforms' pricing announcements, 2022-2024.
The European quota will restrict consumer choice
« Imposing 30% European works will impoverish the available offer. »
— Opponents, 2022
✗ Argument refuted
Refuted: the catalogues of the major platforms in Europe already exceed this threshold; no reduction in the offer for Swiss subscribers has been observed since entry into force. The feared impoverishment did not materialise.
Source: catalogue observation; FOC.

Factual record

2
Confirmed
0
Partly confirmed
1
Partly refuted
1
Refuted
Swiss cinema: new funding
In force since 2024, the law mobilised 21 liable companies and injected CHF 15.9 million in the first year alone, against a target of about CHF 30 million. The obligation is assessed over four years, to be met by end 2027.
Source: FOC, 2024.
Regulatory equality: target met
Streaming platforms are now subject to the same investment logic as Swiss broadcasters, closing the asymmetry denounced by supporters.
Source: FOC.
~
Subscription prices: no isolable effect
Subscriptions rose from 2022, but these increases are global and stem from the platforms' strategy; no Swiss surcharge attributable to the law could be isolated.
Source: platforms' announcements, 2022-2024.
Analyse éditoriale
Conclusion

The "Lex Netflix" illustrated a now-classic divide: a French-speaking Switzerland broadly favourable to cultural regulation versus a more reluctant central Switzerland, and a generational split between cultural circles and liberal youth parties.

On the facts, the supporters' main argument held: the law has been applied since 2024, the platforms are liable, and the first millions have been injected into Swiss creation, even if the full record will only be measurable around 2027.

The opponents' fears, by contrast, struggle to be verified: while subscriptions have risen, these increases are global and not specifically Swiss, and the European quota did not impoverish the offer.

Four years after the vote, the reform appears above all as a regulatory adjustment absorbed without major upset, whose real effect on Swiss cinema remains to be confirmed over time.