Amherd postulate (11.3912): Legal basis for social media
Depreciated (2.6.2014) in connection with the discussion of item 14.006.
See the Report of the Federal Council.
Submitted text
The Federal Council is instructed to submit a report on the legal situation with regard to social media, providing answers to the following questions in particular:
- What is the current legal situation in Switzerland and internationally with regard to social media?
- Where are there gaps in the law?
- How can they be closed?
- How does the Federal Council view the creation of a separate social media law that takes into account the special features of these new communication platforms?
Justification
Social media are bringing about a new dimension in communication and media use that threatens to undermine the enforcement of national laws and fundamental rights. This applies in particular to rules on data protection and against racism or the protection of privacy in general. The pace of development is rapid, and the technical possibilities are constantly changing. However, the legal foundations are not geared to this. It may be necessary to counter this development with a regulation regarding social media. The special features of radio and television have also been taken into account by a separate law, the RTVG.
Statement of the Federal Council
The Federal Council is aware of the increasing importance of the new phenomenon of social media for society. More and more users are no longer limiting themselves to the consumer role, but are offering their own content on social media platforms. Increasingly, individual and mass communication, which previously tended to be regulated separately, are mixing. Among other things, the question arises as to whether existing law (particularly in the DPA, CC, SCC and URG) adequately captures the problems and sufficiently clarifies the responsibilities of those involved. Specific problem areas are, for example, the protection of minors and the increased damage potential of private publications that can be accessed worldwide and are not written (and controlled) according to journalistic due diligence. Other issues include the protection of overburdened users from unwanted use of their data and the often inadequate ability of users to transfer their data from one social media platform to another. Another central problem in connection with social media is the enforcement of applicable law, because the operators of social media platforms often operate internationally, and national legislation therefore reaches its limits.