New law on communication platforms and search engines: Start of consultation proceedings
Communication platforms and search engines constitute a vital component of the communication infrastructure. They are controlled by a limited number of internationally active companies, including Alphabet (Google, YouTube, etc.), Meta (Facebook, Instagram), TikTok, and X, based on their own privately established and enforced regulations. These platforms provide benefits including an extensive array of publicly accessible information and perspectives. Nonetheless, they are also used to disseminating illicit content and possess the capability to eliminate user content based on obscure regulations. This may hinder public discourse and the development of citizens’ opinions. The Federal Council aims to mitigate these adverse effects while simultaneously enhancing user rights under new legislation.
Thus, on 29 October 2025, the Federal Council decided to enhance user rights in the digital space, mandating very large online platform and search engine to operate with greater fairness and transparency. It introduced a draft of a new “Federal Law on Communication Platforms and Search Engines,” which shall aim to establish fundamental regulations for services like Facebook, X, TikTok, and Google, and initiated a consultation process that will continue until 16 February 2026.
The law shall aim to require major communication platforms to establish a mechanism that enables users to effortlessly report particular suspected illegal content, representations of violence, and menacing language. Reportable offences covered by the Swiss Criminal Code (SCC) encompass willful defamation (Art. 174 SCC), insult (Art. 177 SCC), and discrimination and incitement to hatred (Art. 261bis SCC). Operators of communication platforms shall be obligated to notify users when removing content or blocking accounts and provide justification for such actions. They shall also be required to implement an internal complaints procedure and to engage in alternative dispute resolution in the event of conflicts.
Transparency requirements are also anticipated concerning the disclosure and targeting of advertisements and the utilization of recommendation systems. Furthermore, the services impacted by the legislation shall be required to establish a publicly accessible advertising archive and provide authorities and researchers with access to their data. Major communication platforms and search engines shall be obligated to appoint a legal representative in Switzerland if their registered office is located overseas. This shall enhance the enforcement of legal measures against providers lacking offices in Switzerland.