CBC/Radio-Canada has lodged a petition in the Federal Court challenging a directive requiring the disclosure of subscriber figures for its Gem streaming platform. The information commissioner mandated CBC to divulge the number of paying Gem subscribers in response to an access-to-information request. CBC/Radio-Canada President Marie-Philippe Bouchard emphasized the sensitivity of subscriber data as crucial commercial information. She highlighted the significance of maintaining confidentiality for commercial negotiations involving Gem bundling with other streaming services. Bouchard underscored the broadcaster’s reliance on commercial relationships to support its budget and expressed discomfort with the recent ruling’s implications.
CBC declined to reveal the subscriber numbers, citing exemptions related to programming activities and potential harm to its competitive standing. Information Commissioner Caroline Maynard’s final report on the access-to-information issue noted that while the subscriber figures pertain to CBC’s programming activities, they also relate to general administration, rendering the exemption inapplicable. Maynard pointed out that CBC had not sufficiently demonstrated a reasonable expectation of harm to its competitive position or negotiations beyond mere speculation. She highlighted the discrepancy between her ruling and the Canadian Radio-television and Telecommunications Commission’s understanding of “sensitive commercial information.”
Bouchard addressed inquiries about CBC’s decision to contest Maynard’s ruling in court during a session with the House of Commons heritage committee. Conservative MP Kevin Waugh questioned Bouchard on the reluctance to disclose the number of paid Gem subscribers, suggesting potential embarrassment. Bouchard disclosed that around 5 million accounts have been created but refrained from revealing the number of paid subscribers, citing competitive reasons. She emphasized the need for the court to reconcile the conflicting interpretations by the CRTC and Information Commissioner. CBC introduced the Gem streaming service in 2018, offering both paid and free versions. The paid subscription, priced at $5.99 per month, provides ad-free on-demand streaming and access to CBC News Network. Bouchard clarified that while paid subscribers are important, Gem primarily serves as a free-to-user platform, with the paid component catering to individuals seeking an ad-free experience.
