CBC/Radio-Canada has taken legal action in Federal Court to challenge a directive requiring it to reveal the number of subscribers to its Gem streaming platform. The Information Commissioner mandated CBC to disclose the count of paid Gem subscribers following an information request. CBC/Radio-Canada’s president, Marie-Philippe Bouchard, emphasized the sensitivity of this data as it pertains to commercial dealings, such as negotiations involving Gem and other streaming services. Bouchard highlighted the importance of maintaining confidentiality in commercial relationships to adhere to market regulations.
CBC justified its refusal to disclose the subscriber figures based on exemptions related to programming activities and potential harm to its competitive standing. The Information Commissioner, Caroline Maynard, noted that while the numbers are linked to CBC’s programming activities, they also pertain to its general administration, rendering the exemption inapplicable. Maynard pointed out that CBC failed to demonstrate a reasonable expectation of harm beyond mere possibility in terms of competitive position or negotiations.
There was a variance between the information commissioner’s ruling and the interpretation of “sensitive commercial information” by the Canadian Radio-television and Telecommunications Commission (CRTC). Bouchard expressed CBC/Radio-Canada’s intention to seek legal clarity on the matter through court intervention.
During a session before the House of Commons heritage committee, Bouchard faced inquiries regarding CBC’s decision to contest the ruling. In response to Conservative MP Kevin Waugh’s questions about the reluctance to disclose paid Gem subscriber numbers, Bouchard mentioned that approximately 5 million accounts had been created but refrained from revealing the number of paid subscribers. She underscored the confidentiality of this data for competitive reasons and sought reconciliation between the conflicting interpretations by the CRTC and the court.
CBC introduced the Gem streaming service in 2018, offering both free and paid versions, with the latter costing $5.99 per month. The paid subscription includes ad-free on-demand streaming and access to CBC News Network. Bouchard clarified that the primary focus of Gem is the free-to-user service, with the paid segment catering to individuals averse to advertising.
