1 The supervisory authority may impose a penalty not exceeding 10 per cent of its average turnover achieved in Switzerland in the previous three business years on any person who:
- a.
- violates a legally-binding decision of the supervisory authority or a legally-binding decision of the appeals authority;
- b.
- seriously infringes conditions of the licence;
- c.
- violates regulations concerning advertising and sponsorship which are contained in this Act (Art. 4, 5 and 9-14), its implementing provisions, the licence or the relevant international agreements;
- d.
- violates the regulations concerning the transmission obligation (Art. 55);
- e.
- fails to comply with the obligation to guarantee the right of short reporting of public events (Art. 72);
- f.
- fails to guarantee free access to events of major importance to society (Art. 73);
- g.
- violates measures as defined in Article 75 (media concentration);
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2 Any person who fails to comply with, or belated or incompletely complies with one of the following obligations or who provides false information may be required to pay an amount not exceeding CHF 10 000:
- a.
- obligation to notify (Art. 3);
- b.
- publication obligations (Art. 8);
- c.
- obligation to notify revenue from advertising and sponsorship (Art. 15);
- d.
- obligation to notify holdings (Art. 16);
- e.
- obligation to provide information (Art. 17);
- f.
- reporting obligation (Art. 18);
- g.
- obligation to submit statistical information (Art. 19);
- h.
- obligation to record and retain programmes (Art. 20) or to permanently conserve programmes (Art. 21);
- i.
- obligations of the SRG SSR (Art. 29);
- j.
- obligations for broadcasters with a fee-sharing licence (Art. 41);
- k.
- obligation to notify transfer of the licence (Art. 48);
- l.
- obligation to comply with the licence area designated by the Federal Council when broadcasting or arranging the broadcasting of programme services (Art. 52 para. 3);
- m.
- broadcasting of prescribed programme services on preferred channels (Art. 62);
- n.
- obligation to provide information and to submit documentation (Art. 63 para. 3).
3 When assessing the penalty, the supervisory authority shall take particular account of the seriousness of the infringement and the financial circumstances of the penalised legal or natural person.