Swiss Village Ban on Tourist Photos Lawfully Enforceable?

Following news last weekend that a small village in Switzerland announced a ban on tourist photography because their village was “too pretty for Instagram,” tourists have begun to flock in by the hundreds, and the ban has been lifted. But was it even a lawful ban, and could tourists actually be fined for taking photos?

According to comments spoken to The Local, the commune of Bergün/Bravuogn, north of alpine resort town St Moritz in the country’s east, voted in consensus to bring in the new law in its municipal assembly on Monday last week.

Residents all agreed their town was too beautiful to post photos of it on social media, as it may have left others around the world depressed because they were not there.

“It is scientifically proven that beautiful holiday photos on social media make the viewer unhappy because they cannot be there themselves,” said the village tourist office in a statement, according to The Local. The tourist office even removed its own photos form its social media pages and website.

On the back of the vote, the ban would have seen offending tourists facing fines of 5 Swiss Francs (USD6.95), and the proceeds would have all gone to village landscaping.

Media law consultant Cleland Thom, Principal of the College of Media and Publishing, told Lawyer monthly: ‘This law sounds as cuckoo as a Swiss cuckoo clock. The Municipal Assembly has probably exceeded its powers by passing it.

“Cantons can only pass legislation that fits in with federal law. And Swiss law only restricts photographing people, and certain places like museums and military bases. It does not prevent people taking photographs of the scenery in public places.

“The Swiss are also proud of their laws that guarantee the freedom to roam. It’s difficult to see why people are free to roam, but not to take photos.”

Now that the ban has been lifted, following a huge influx of tourism, which clearly projects the implication it was all a publicity stunt (which has also been admitted), village mayor Peter Nicolay, says in a video message: “The beauty of our village has become world-famous thanks to our friendly photography ban. Millions of people around the world have shown interest in Bergun over the past two days. That makes us very proud.”

“Now you can snap away,” Nicolay says, whilst warning visitors “to think carefully” before they share the pictures on social media so that “nobody will be unhappy because they can’t be here right now.”