CBC/Radio-Canada has taken legal action by filing a petition in Federal Court to challenge a directive requiring the disclosure of the subscriber figures for its Gem streaming service. The request for the data was made under the access-to-information law, with the information commissioner mandating CBC to reveal the number of paying subscribers to Gem.
Marie-Philippe Bouchard, the president of CBC/Radio-Canada, emphasized the sensitivity of the subscriber numbers as vital commercial information. She highlighted the significance of maintaining confidentiality in matters such as negotiating business deals that involve bundling Gem with other streaming platforms.
Bouchard underscored the broadcaster’s reliance on commercial partnerships to generate revenue and stressed the importance of adhering to market regulations in such negotiations. The decision not to disclose the subscriber figures was justified by CBC, citing exemptions related to programming activities and protecting its competitive position.
The Information Commissioner, Caroline Maynard, in her findings on the access-to-information complaint, acknowledged the connection between the subscriber numbers and CBC’s programming activities. However, she noted that the exemption for disclosure does not apply as the numbers also pertain to the general administration of CBC.
Maynard pointed out that while potential harm to CBC’s competitive standing or ongoing negotiations was identified, CBC failed to demonstrate a reasonable expectation of these harms materializing beyond mere possibilities. She highlighted a discrepancy between her ruling and the interpretation of “sensitive commercial information” by the Canadian Radio-television and Telecommunications Commission (CRTC).
Bouchard emphasized CBC/Radio-Canada’s quest for legal clarification on the issue, stating this during her appearance before the House of Commons heritage committee. The decision to challenge the ruling in court was questioned by Conservative MP Kevin Waugh, who queried the reluctance to disclose the number of paid Gem subscribers.
Bouchard disclosed that approximately 5 million accounts have been created for Gem, but she refrained from revealing the exact number of paid subscribers, citing competitive reasons. She explained that the confidentiality of paid subscriber figures is validated by the CRTC, and the court’s intervention is sought to resolve the diverging interpretations of the issue.
CBC introduced its streaming service in 2018, offering both free and paid versions. The paid subscription, priced at $5.99 per month, provides ad-free on-demand streaming and access to CBC News Network. Bouchard emphasized that while paid subscribers play a role, Gem primarily caters to free users, with the paid option serving those averse to advertisements.