Swiss back ‘Netflix’ law and steer clear of ‘Frontexit’

Swiss voters backed making streaming services contribute to Swiss filmmaking on Sunday, as well as funding the expansion of Europe’s Frontex border agency, avoiding another spat with Brussels.

Final results showed that 58 percent of voters supported the so-called “Lex Netflix,” while 71 percent supported Switzerland’s participation in the Frontex expansion, which would provide more money and personnel to protect the continent’s Schengen open-borders zone.

And 60 percent approved a law change that would automatically register individuals as organ donors after death, unless they opt out.

Under the wealthy Alpine nation’s direct democracy system, voters are called to the polls four times a year to decide on specific topics, according to popular demand.

The “Lex Netflix” vote approves an amendment to the Film Production Act adopted by parliament last October.

Since 2007, domestic television broadcasters have been obliged to invest four percent of their turnover in Swiss film-making.

The amendment was brought forward to reflect the dramatic shift in how audio-visual content is now consumed, with global streaming platforms like Netflix, Disney+ and Blue now making hundreds of millions of dollars in Switzerland each year.

Streaming services will now have to submit to the four-percent rule.

Swiss cinema production pulls in around 105 million Swiss francs ($106 million, 101 million euros) a year, according to the culture ministry — but could now be in line for an additional 18 million francs.

The platforms will also be required to ensure that European-made films or series make up at least 30 percent of the content available in Switzerland, as in the surrounding European Union.

Right-leaning opponents had collected enough signatures to take the change to a referendum.

“By aligning itself with the practices of neighboring countries, Switzerland is improving its competitiveness on the European market and ensuring equal opportunities on the international scene,” said AROPA, the association of audiovisual production in Switzerland’s French-speaking region.

Ties between Brussels and Bern have been strained since May 2021 when non-EU Switzerland suddenly decided to end years of discussion towards a broad cooperation agreement with the bloc.

The clear support for Frontex has avoided aggravating the stand-off.

Under Europe’s expansion plan, Frontex will have a permanent contingent of 10,000 border guards and coast guards.

Switzerland will nearly triple its financial contribution to Frontex to 61 million Swiss francs ($61 million, 58 million euros) annually, and increase its personnel contribution from six people to around 40.

Migrant support organizations, backed by left-leaning political parties, collected enough signatures to force a referendum.

The government warned voters that if they rejected the expansion, Switzerland risked automatic exclusion from the Schengen area.

“The Swiss vote today reaffirms the importance the Swiss place on both the role of Frontex and the benefits of free movement and border management,” said European Commission vice president Margaritis Schinas.

“Schengen remains our crown jewel. It has come out of the pandemic more resilient and is helping us welcome people from Ukraine.”

Pro-European centrist Swiss MP Marie France Roth Pasquier nevertheless told RTS television that the vote does not mean that the Swiss have “changed their minds as regards the EU”.

The vote on changing the organ donation laws will see everyone become a potential donor after death unless they have expressly opted out.

Up to now, transplants were only possible if the donor clearly consented before they died.

The government and parliament wanted to change the law to a “presumed consent” model — as used in a number of other European countries.

Relatives will still be able to refuse organ donation if they suspect the deceased would not have wanted to be an organ donor.

A group of opponents gathered enough signatures, backed by the populist and religious right, to force a referendum.