Subject Matter (IMG)

1. This Law Regulates

a) the public information regarding the activities of authorities,

b) communication with the population,

c) the right of access to official information,

d) media funding,

e) the promotion of media literacy,

f) the promotion of civic education.

1. This Act aims to

a ensure the transparency of governmental actions,

b promote free opinion formation and the exercise of political rights,

c facilitate the oversight of governmental actions.

1. This law applies to all authorities of the canton, the municipalities, and the state churches.

2. Authorities are defined as

a) organs of the canton, its institutions, and its corporations,

b) organs of the municipalities, their institutions, and corporations that are subject to the Municipal Law of March 16, 1998 (GG),

b1) organs of the state churches and their regional units, and

c) private entities, insofar as they are engaged in fulfilling the public tasks assigned to them.

3. The special provisions of the procedural regulations applicable to the relevant area of law remain reserved for proceedings before the judicial authorities.

1. Information within the meaning of this law includes all records pertaining to the fulfillment of a public function, regardless of their form of presentation and medium.

2. Excluded from paragraph 1 are records that are either not completed or intended solely for personal use.

1. Media within the meaning of this law are, regardless of the business model, organizations or individuals who create information offerings that

a. are accessible to the general public,

b. are developed according to editorial and journalistic principles, and

c. fulfill the industry standards of journalistic practice.

The sessions and consultation documents of the Grand Council are generally public.

Sessions and consultation documents of commissions and other bodies of the Grand Council are generally not public.

The specific provisions of the Grand Council's legislation on information by the Grand Council remain reserved.

1. The meetings of the Government Council and its committees, as well as the decision-making procedures immediately preceding the meetings, are not open to the public.

1. The meetings of the commissions appointed by the Government Council are generally not public.

2. The following are public

a) Meetings of expert commissions in connection with revisions of the cantonal constitution, and

b) Meetings of other commissions, if the Government Council decides on public access.

3. The commissions are responsible for safeguarding personal privacy and confidentiality obligations. They may consult the cantonal supervisory body for data protection.

1. Proceedings before the judicial authorities are public, unless specific legislation provides for the exclusion of the public.

1. Municipal assemblies are public.

2. The municipal assembly decides on the admissibility of image and sound recordings or transmissions. Any eligible voter can request that their statements and votes not be recorded.

1. Sessions of the Grand Municipal Council or City Council, as well as the Regional Assembly of a Regional Conference, are public.

2. Audio and video recordings or broadcasts by the council itself or by media professionals are permissible. They must not disrupt council operations.

3. Unless a municipal regulation or the initiating body provides for public access, the following are not public

a. the sessions of the Municipal Council and the decision-making procedures immediately preceding them,

b. the sessions of the executive management and the secretariat of a Regional Conference,

c. the sessions of commissions,

d. discussion minutes regarding the sessions as per letters a to c.

1. The municipalities ensure access to the decision-making bases of the municipal assemblies, the Grand Municipal Council, or the City Council, as well as the regional assembly of a regional conference.

For the bodies of municipal associations, the public shall be ensured on the same principles as for the municipalities.

1. For the organs of the regional churches and their regional units, transparency must be ensured according to the same principles as for the organs of the canton.

1. The authorities inform the public about their activities, thereby establishing the basis for free opinion formation.

1a

They maintain communication with the population within the scope of their possibilities.

2. The cantonal authorities take into account regional needs and bilingualism.

3. The information is provided ex officio or upon request.

1. Accessibility and comprehensibility of information as well as communication offerings must, as far as possible and necessary, be ensured for people with disabilities or limited language proficiency.

2. The accessibility of digital services is governed by the Digital Administration Act (DVG) of March 7, 2022[[3]].

1. Authorities shall observe the principle of equal treatment towards the media.

2. They shall consider, as far as possible, the media's needs when choosing the timing and manner of providing information.

3. They shall support, to the extent possible, the research of media professionals and the inquiries of parties represented in parliaments.

1. Media professionals are not subject to an accreditation requirement, subject to paragraph 3.

2. The competent office of the State Chancellery may limit participation in media events to representatives of the media as defined in Article 2b.

3. The judicial authorities, the municipalities, and the national churches may independently regulate the accreditation of media professionals.

Authorities may disclose personal data in electronic form, notably on the Internet, insofar as this is necessary to fulfill the information mandate in accordance with Article 16 paragraph 1 letter a.

If the public interest in the published personal data no longer exists, such data must be removed.

The government council shall regulate the details by ordinance.

1. The Authorities

a * provide information on all activities of general interest, unless overriding public or private interests oppose,

b * provide information properly, comprehensively, clearly, and promptly according to the circumstances,

c * use appropriate channels, preferably the internet.

2. They endeavor to use language and imagery suitable for the target audience and implement recognized principles of non-discriminatory language.

3-4

...

1. The Government Council and the cantonal administration publish the information in accordance with Article 16 paragraph 1 letter a on the Internet, provided there are no statutory provisions or effective task fulfillment that oppose it.

2. They communicate with the public and provide opportunities for interactive exchange.

3. The information and communication are conducted in text, image, or sound.

4. Information concerning the entire canton is published simultaneously in both official languages whenever possible. The Government Council regulates the details through an ordinance.

1. The Government Council designates the authorities and offices authorized, in accordance with Article 6 of the Federal Act of March 24, 2006, on Radio and Television (RTVG), to disseminate official alerts and urgent police notices via radio and television.

2. Urgent police notices are governed by Article 9, paragraph 1, letter d of the Police Act of February 10, 2019 (PolG).

1. The public shall be informed about the deliberations in the plenary council, particularly through the Journal of the Great Council.

2. The public shall be informed about the deliberations in the committees in accordance with the provisions of the Great Council legislation.

3. Article 16a paragraph 3 applies mutatis mutandis.

Public enterprises and private entities entrusted with public tasks provide information about their activities within their delegated areas of responsibility in a manner similar to authorities.

Before referendums that directly affect them, they provide information that is factual and proportionate.

They refrain from any interference in elections and from supporting political parties, referendum committees, or other political interest groups.

1. Reports, studies, and assessments are made available unless overriding public or private interests oppose this.

1. The competent authority of the State Chancellery plans and coordinates the overall cantonal information and communication activities with the public in close cooperation with the responsible authorities of the directorates and the parliamentary services.

2. The legislation may provide for specific official information offices for particular areas.

1. The judicial authorities and the public prosecutor’s office shall provide information in accordance with the specific provisions of this law, the applicable procedural rules for the relevant area of law, and the Act of 11 June 2009 on the Organization of the Judicial Authorities and the Public Prosecutor’s Office (GSOG), unless overriding public or private interests oppose. Article 29 shall apply mutatis mutandis.

2. The highest courts shall inform the public about their case law. The publication of decisions shall generally be in anonymized form.

2a. The editorial processing and publication of leading decisions of the Administrative Court can be delegated to private organizations through a service contract. A fee may be charged for the use of editorially processed content.

3. Accredited media professionals shall be informed in advance of the session dates and the matters to be assessed.

1. Information about pending proceedings shall be provided when there is a particular public interest, especially if

a) the participation of the public is required for the clarification of a criminal offense,

b) immediate information is necessary in a particularly severe or sensational case,

c) it is indicated to avoid or correct false reports or to reassure the public,

d) it is required for the protection or warning of the public.

1. Information about the decisions is provided after the conclusion of a proceeding if

a. there is a public interest in the information,

b. the decisions are significant for the development of the law,

c. the information serves scientific purposes.

2. Further information within the scope of Article 22 paragraph 2 remains reserved.

1. The Cantonal Police informs the public about incidents whose immediate disclosure is warranted in the public interest.

2. The powers of the judicial authorities in investigation and preliminary investigation procedures are reserved.

1. The municipal authorities provide information on municipal matters, unless overriding public or private interests oppose this.

1a Official announcements and information in the official gazette are governed by municipal legislation.

2. The municipalities organize information services according to their capabilities.

1. The organs of the regional churches and their regional units inform about ecclesiastical affairs, unless overriding public or private interests oppose.

2. They organize the information system according to their needs and possibilities.

1. Every person has the right to access information unless overriding public or private interests prevail against it. The further protection of personal data under specific legislation is reserved.

1a. If information has been published in an official publication organ or on the website of an authority, the entitlement according to paragraph 1 is considered fulfilled. The authority can limit itself to indicating the sources.

2. For information recorded or managed on behalf of the Swiss Confederation, the right of access is governed by this law, unless federal law stipulates otherwise.

3. For administrative and judicial procedures that have not been completed with final legal effect, the corresponding procedural provisions apply.

1. Access to particularly sensitive personal data according to Article 3 of the Data Protection Act of February 19, 1986 (DPA)[7] requires the explicit consent of the affected individual.

**1. Predominant Public Interests Exist Particularly When**

a **\*** the premature disclosure of internal working papers, applications, and similar documents would significantly impair decision-making,

b **\*** the public would be harmed in another manner, particularly through endangerment of public safety,

c **\*** an undue burden would be placed on the authority.

**2. Predominant Private Interests Are Considered Particularly**

a **\*** the protection of particularly sensitive personal data pursuant to Article 3 of the KDSG,

b **\*** the protection of privacy in administrative and judicial proceedings that have not been conclusively decided, unless access to information is justified under Article 23 or 24, or arises from the procedural rules applicable to the respective legal area,

c **\*** the business secret or professional secret.

**3. These Exemption Provisions Only Relate To The Protectable Part Of Information And Only Apply As Long As The Predominant Interest In Maintaining Confidentiality Exists.**

1. Requests for access to information must be submitted in writing.

2. The authority may charge a fee for special effort.

1. Authorities of the canton, municipalities, national churches, and their regional units can be requested to provide information on the activities within the scope of administration.

2. The requests are to be answered as quickly as possible.

3. Requests of this nature are free of charge.

Authority Responsible for Handling Requests for Access to Information

1. The authority responsible for handling requests for access to information and informal inquiries is the authority that recorded the information or received it as the primary recipient from third parties not subject to this law.

2. The government council regulates the jurisdiction in cases where the information is available to multiple authorities, by ordinance.

3. Municipalities may regulate the internal responsibilities for handling requests for access to information and informal inquiries in a decree, deviating from paragraph 1.

1. The promotion measures in favor of the media support the creation and maintenance of high-quality and diverse reporting on cantonal, regional, and local topics of political relevance.

2. They thereby contribute to the free formation of opinion and facilitate the exercise of political rights at the cantonal, regional, and local levels.

**Article [Number]: The Principle of Media Independence in Cantonal Media Support**

The canton adheres to the principle of media independence in its media support efforts. Direct promotion of individual media entities or media offerings is excluded. An exception remains for the support of French-speaking media pursuant to the legislation on the special status of the Bernese Jura and the French-speaking minority of the Biel/Bienne administrative district. There is no legal entitlement to media support.

1. Media Support May Be Provided Through Financial Assistance to

a) Institutions that support media with editorial contributions on cantonal, regional, or local topics,

b) Sponsors of digital infrastructures for the procurement, production, dissemination, or discoverability of journalistic media offerings on cantonal, regional, or local matters,

c) Institutions that support media or media professionals, for example through contributions for training or further education, the financing of employment percentages, or temporary funding for project-related or new media offerings,

d) Institutions that conduct an application-oriented research project, which examines the development and innovation potential of cantonal, regional, or local media, as well as the transition and establishment of media offerings in the digital space, insofar as the research project does not fall under a service contract with the canton.

Financial assistance is granted upon request and for a limited duration.

It is determined by a service contract for operational contributions and by decree for the promotion of projects.

1. The government council regulates the details of media promotion measures by ordinance, in particular the prerequisites, the assessment bases, and the amount of the financial aid.

2. The granting of financial aid is subject to ordinary spending authority.

3. The granting of financial aid is governed by the legislation on state contributions. Article 7a of the State Contributions Act of September 16, 1992 (StBG) applies mutatis mutandis to the ultimate beneficiaries in the media sector.

The canton may take or finance measures to promote media literacy that facilitate access to media offerings.

1. Measures to Promote Political Education

a) support the imparting of knowledge on politics and democracy,

b) stimulate interest in governmental action and political processes,

c) facilitate the acquisition of skills necessary for active participation in political affairs at the federal, cantonal, and municipal levels.

1. Measures to promote political education are implemented in a factual and politically neutral manner.

2. They particularly take into account the interests and needs of young people. Political education within the framework of school instruction is governed by special legislation.

3. There is no legal entitlement to the promotion of political education.

1. The canton may provide its own offerings for political education or support the information offerings and projects of third parties with financial aid. In doing so, it takes into account the needs of people with disabilities.

1. The Provision of Financial Assistance is governed by Article 34d.

1. The Government Council shall regulate the details of the promotion of civic education by ordinance, in particular the requirements, the assessment bases, and the amount of financial assistance.

2. The granting of financial assistance is subject to the ordinary expenditure powers.

1. The Government Council periodically reviews the efficiency and effectiveness of the promotional measures according to subsections 4a.1 to 4a.3.

2. It informs the competent committee of the Grand Council about the promotional measures taken and the resources expended.

1. Procedures and competencies are governed by the provisions of the Act of May 23, 1989, on Administrative Justice (VRPG)[[9]](#paragraphtext_content_fn_4325722_2_9_c).

2. Under this law, decisions are made by

a. the Civil Division of the Higher Court on appeals against orders from civil law authorities,

b. the Criminal Division of the Higher Court on appeals against orders from criminal law authorities.

3. Appeals against orders from cantonal institutions and corporations, as well as from private entities fulfilling cantonal public duties, can be lodged with the directorate that exercises supervision or is closest related to the respective field.

1. The government council shall issue the necessary implementation provisions.

2. The judicial authorities and the public prosecutor's office shall regulate the details by means of regulations.

3. ...

4. The national churches may issue supplementary or clarifying implementation provisions.

1. The Law of November 8, 1988, on the Grand Council is amended as follows

1. The government council determines the date on which this law shall come into force.