> Anbieterinnen von Abrufdiensten müssen geeignete Massnahmen treffen, damit Minderjährige vor für sie ungeeigneten Inhalten geschützt werden.
The law only applies to age restricted content. Nowhere does it say otherwise. Age unrestricted content, i.e. the vast majority of videos on YouTube, TikTok etc. are not affected by this law.
Furthermore, as stated by Bundesamt für Sozialversicherungen (by Harald Sohns):
> Nur dann, wenn man zusätzlich auch Inhalte sehen will, die ausschliesslich für Erwachsene sind, muss man sich anmelden.
By the way: This is actually even the case today. If you want to access age restricted content, it will ask you for age “verification”, but simply entering your birthdate is enough (e.g. Steam). Which obviously can be faked easily. With this law, actual age verification will be necessary. But again, only for age restricted content, not for any content.
> Plattformdienst: Dienst oder abtrennbarer Teil eines Dienstes […]
You could say, that the 18+ videos of YouTube are a separable part, and hence need age verification. Which, as explained above, is already split and done today.
Furthermore, the verification _may_ be fullfilled by getting a copy of ID:
> [Die Identifikationspflicht] kann zum Beispiel auch über die Einforderung einer Kopie des Personalausweises [erfüllt werden.]
However, this does not constitute compulsory ID/passport verification. It would for example be possible to verify age via a third party for example. It is plausible that the third party only shares information about the age and nothing else. If I recall correctly, Scotland has a system like this for some services. Or via the E-ID, once we have that (a new version is currently being worked on). In the mean time, things like SwissID can do this or are at least easily extendable to do this. SwissID is an identity provider by Post that allows you to validate your identity towards a third party while sharing only limited data with that third party. (In this case SwissID does see your ID/passport (depending on the “identity level” you want), but not the third party. They only get e.g. age).
Since the law only applies to age restricted content anyways, which on e.g. YouTube basically no one views anyways, the everyday user of those services remains barely affected at all.
> Erheben die Anbieterinnen von Plattformdiensten im Rahmen der Massnahmen nach den Absätzen 1 und 2 Daten von Minderjährigen, so dürfen sie diese ausschliesslich für die Alterskontrolle verwenden.
I assume this was written with a good intention: To protect minors directly by law, without having to rely on them understanding T&C, which for young people you cannot expect. Adults were not included, as they can decide on their own. Which I think is important: You can always choose not to use a service. For example, there are email services that read your emails for marketing purposes (not Google, but there are others). You don’t use them either, right? So I expect most platforms’ T&C will in fact specify that they wont use possible ID/passport data for other purposes.
That said, I agree that it would have been nice to include all people. Maybe we can change this with a later revision. Just because it’s not perfect now is no reason to be against it.
I also recommend reading the actual law [here](https://www.fedlex.admin.ch/eli/fga/2022/2406/de). It is really not that complicated nor too long. After all, people should be able to understand the law.
3 comments
Link zum Referendum:
https://ausweiszwang-nein.ch/
There are many threads about this topic popping up lately. Here a quick summary of some of the most dicussed points:
A common false claim is that the law is applied to all videos instead if only age restricted content. This is wrong:
[Art. 8](https://www.fedlex.admin.ch/eli/fga/2022/2406/de#art_8) para. 1 (or art. 20 para. 1):
> Anbieterinnen von Abrufdiensten müssen geeignete Massnahmen treffen, damit Minderjährige vor für sie ungeeigneten Inhalten geschützt werden.
The law only applies to age restricted content. Nowhere does it say otherwise. Age unrestricted content, i.e. the vast majority of videos on YouTube, TikTok etc. are not affected by this law.
Furthermore, as stated by Bundesamt für Sozialversicherungen (by Harald Sohns):
> Nur dann, wenn man zusätzlich auch Inhalte sehen will, die ausschliesslich für Erwachsene sind, muss man sich anmelden.
By the way: This is actually even the case today. If you want to access age restricted content, it will ask you for age “verification”, but simply entering your birthdate is enough (e.g. Steam). Which obviously can be faked easily. With this law, actual age verification will be necessary. But again, only for age restricted content, not for any content.
You can also argue via the [definition of “Plattformdienst”](https://www.fedlex.admin.ch/eli/fga/2022/2406/de#art_5):
> Plattformdienst: Dienst oder abtrennbarer Teil eines Dienstes […]
You could say, that the 18+ videos of YouTube are a separable part, and hence need age verification. Which, as explained above, is already split and done today.
Furthermore, the verification _may_ be fullfilled by getting a copy of ID:
> [Die Identifikationspflicht] kann zum Beispiel auch über die Einforderung einer Kopie des Personalausweises [erfüllt werden.]
from [erläuternden Botschaft des Bundesrats](https://www.newsd.admin.ch/newsd/message/attachments/62823.pdf).
However, this does not constitute compulsory ID/passport verification. It would for example be possible to verify age via a third party for example. It is plausible that the third party only shares information about the age and nothing else. If I recall correctly, Scotland has a system like this for some services. Or via the E-ID, once we have that (a new version is currently being worked on). In the mean time, things like SwissID can do this or are at least easily extendable to do this. SwissID is an identity provider by Post that allows you to validate your identity towards a third party while sharing only limited data with that third party. (In this case SwissID does see your ID/passport (depending on the “identity level” you want), but not the third party. They only get e.g. age).
Since the law only applies to age restricted content anyways, which on e.g. YouTube basically no one views anyways, the everyday user of those services remains barely affected at all.
Further summary: [Tagesanzeiger](https://www.tagesanzeiger.ch/ausweiszwang-fuer-harmlose-youtube-filme-krass-irrefuehrend-121325757983)
Furthermore, there are discussions about [Art. 20 para. 3](https://www.fedlex.admin.ch/eli/fga/2022/2406/de#art_20):
> Erheben die Anbieterinnen von Plattformdiensten im Rahmen der Massnahmen nach den Absätzen 1 und 2 Daten von Minderjährigen, so dürfen sie diese ausschliesslich für die Alterskontrolle verwenden.
I assume this was written with a good intention: To protect minors directly by law, without having to rely on them understanding T&C, which for young people you cannot expect. Adults were not included, as they can decide on their own. Which I think is important: You can always choose not to use a service. For example, there are email services that read your emails for marketing purposes (not Google, but there are others). You don’t use them either, right? So I expect most platforms’ T&C will in fact specify that they wont use possible ID/passport data for other purposes.
That said, I agree that it would have been nice to include all people. Maybe we can change this with a later revision. Just because it’s not perfect now is no reason to be against it.
Lastly, [10vor10](https://www.srf.ch/play/tv/10-vor-10/video/jugendschutz-bund-will-ausweispflicht-im-internet?urn=urn:srf:video:6a6ac0c0-1138-46d9-884b-cd2291cdc579) raised another interesting point: This is a Swiss law. Hence it applies to and is enforcable only for Swiss companies within Switzerland. But not really to US companies (such as YouTube and almost everything else). They would have to voluntarily cooperate, or potentially be pressured by marketing deals. Note that this does not render the law obsolete, it is an important step.
I also recommend reading the actual law [here](https://www.fedlex.admin.ch/eli/fga/2022/2406/de). It is really not that complicated nor too long. After all, people should be able to understand the law.
Wenns soweit kommt, VPN Runterladen. Ganz einfach