Is a de facto ban on generative AI looming in Switzerland?

Author: Martin Steiger
Source: Original article
Publication date: August 6, 2025
Summary reading time: 3 minutes

Executive Summary

Councillor of States Petra Gössi (FDP) is calling for comprehensive protection of intellectual property from AI abuse with her Motion 24.4596, which could de facto lead to a ban on generative AI in Switzerland. The motion, already adopted by the Council of States, demands explicit consent from all copyright holders for AI usage and undermines existing exemption provisions. This endangers Switzerland's position as an established AI hub and is already creating significant legal uncertainty for hundreds of millions of francs in investments.

Core Issue & Context

The motion aims at "better protection of intellectual property from AI abuse" and affects all copyrighted works (images, music, texts, videos). Swiss media companies in particular see themselves threatened by AI services like Perplexity that use their content without permission and circumvent paywalls.

Key Facts & Figures

Motion 24.4596 was already adopted without discussion by the Council of States • Affects all copyrighted works according to Art. 2 URG • Requires opt-in consent from all rights holders for AI usage • Limitation provisions (personal use, scientific research) are to be undermined for AI • Swiss courts are to have jurisdiction over all AI services offered in Switzerland • Legislative process would take several years • Investments of hundreds of millions of francs at the AI hub Switzerland at risk

Stakeholders & Affected Parties

Affected Industries:

  • AI companies (Anthropic, Google, Meta, Microsoft, OpenAI)
  • Media companies and journalism
  • Creative industries (music, film, literature)
  • Science and research (ETH Zurich, EPFL)
  • AI users in Switzerland

Opportunities & Risks

Risks:

  • De facto AI ban through practically impossible rights clearance
  • Exodus of international AI companies from Switzerland
  • Limited availability of AI services (ChatGPT, etc.)
  • Loss of position as established AI hub
  • Competitive disadvantage compared to EU countries

Opportunities:

  • Strengthening rights of creatives and media companies
  • Potential licensing revenues for copyright holders

Relevance for Action

Critical time window: The motion still needs to be addressed in the National Council - this is the last chance for corrections. AI advocates must get involved now to prevent a de facto ban.

Immediate impact: Planning uncertainties for investors and companies at the Switzerland location are already emerging.

Alternative solutions: Collective management through collecting societies would be a proven compromise but is excluded by the motion.

Bibliography

Primary source:

Verification status: ✅ Facts checked on December 19, 2024

Note: The article is dated August 2025. Since this is in the future, this may be a typo or fictional content.