The TV Tavisupali Arkhi – Free Channel Facebook page published a photograph in the social network with the following caption: “Hot water in winter 2023 – poster from Sweden’s election campaign.” This description of the publication is not true, since the photograph has nothing to do with Sweden’s election campaign.

This information is being disseminated in the Facebook social network that Swiss people who heat their homes above 19 degrees Celsius in winter will face fines and imprisonment up to three years because of the shortage of gas in Switzerland. In fact, this information is untrue and merely a disinformation item in Swiss social media as well as a misinterpretation of a real story.

The information that the Swiss will be imprisoned or fined for heating their homes above 19 degrees Celsius was disseminated in social networks and online media, including the Swiss tabloid Blick. On 6 September 2022, Blick published an article, saying: “In an emergency, the following rule should be applied – heat less. Non-compliance with the gas ordinance may lead to imprisonment and fines.”

Markus Spörndli, Spokesperson of the Department of Economic Affairs, Education and Research, who was referred to in the social media publications and cited in Blick’s article, explained in his interview with SWI swissinfo.ch that the story was simply misunderstood or misinterpreted by certain individuals.

Mr Spörndli said unequivocally that no Swiss nationals will face fines or imprisonment for raising the heating temperature at home. In his interview with SWI swissinfo.ch Mr Spörndli stated: “There is currently no shortage of electricity or natural gas in Switzerland. There are, therefore, no restrictions or bans on energy usage in force that could be violated.”

In regard to the ordinance over natural gas consumption, which was referred to by the Swiss Blick, in fact it is a part of four-step plan which is Bern’s approach to tackle gas shortages. Swiss authorities said that activating these steps is not going to happen this winter due to the geopolitical situation. The draft ordinance has already been submitted for consultation and stakeholders will have time to exchange opinions until 22 September 2022.

If the government ever decides to go ahead with this plan, the limit on heating would not necessarily be implemented right away – if at all. That იs because measures taken would depend on the severity of the situation. According to this plan, the first step was to urge the population to cut gas consumption, including lowering their thermostats. However, in case the situation does not improve, the government will launch a step-three plan which means that 19 degrees Celsius will be the upper limit of heating in public places, offices and family homes. This specific rule will apply to gas-generated heating systems only.

According to the information of the Swiss authorities, families consume 40% of the total natural gas in Switzerland. Therefore, imposing such limits may bring tangible results in total gas consumption. However, as stated by Markus Spörndli, everything depends on the situation with penalties possible in the event of a severe gas shortage.

In regard to fines as such, the legal basis for a specific decree should be the National Economic Supply Act (NESA) which imposes fines from CHF 30 to 3,000 in the case of violations. As clarified by Mr Spörndli, the process of issuing such fines would be cumbersome because authorities would have to look at each case individually. If the authorities were to issue a fine to someone for breaking the rule on heating, a judge could consider CHF 30 reasonable but a CHF 3,000 fine would not be seen as proportionate to the crime. Jail time is also unlikely to be considered as a proportionate punishment as well.

According to Markus Spörndli, his opinion is that most people would comply if a restriction on heating homes comes into effect. He equates this with the way people complied with measures like social-distancing or working from home at the height of the COVID-19 pandemic.

Therefore, the Swiss government neither fines nor imprisons its citizens for heating their homes above 19 degrees Celsius. There is no gas shortage in Switzerland to make such measures necessary and the ordinance on capping the heating temperature, which is still being reviewed, will be enforced only in the case of a severe gas shortage.

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