ABSTRACT
Switzerland has extensive experience with referenda. Voting is part of Swiss citizens’ political culture and the guarantee of political rights is enshrined at the constitutional level in Article 34 of the Federal Constitution. In practice, the main source of information is the information shared by authorities. In this regard, the rule according to which such official information is required to be objective, transparent, and proportionate works well. Nevertheless, it is observed that judicial control at the federal level must be improved so as to enable citizens to challenge, before the Federal Court, acts emanating from the federal government. Article 34 of the Federal Constitution also aims to protect the free formation of opinions against the intervention of private actors. In this respect, the potential of self-regulatory measures is analyzed. An overview of the limits of such measures is followed by a discussion as to whether or not current caselaw can be adapted to deal with misinformation spread by private actors. The final part analyzes the need for new tools, specifically intended to ensure greater transparency of sources and to improve information channels, as well as judicial protection for federal political rights.
