CBC/Radio-Canada has submitted a request to the Federal Court challenging an order that mandates the disclosure of subscriber figures for its Gem streaming platform. The information commissioner had instructed CBC to reveal the number of individuals subscribed to Gem in response to an access-to-information inquiry. CBC/Radio-Canada’s president, Marie-Philippe Bouchard, emphasized the sensitivity of this data as it pertains to commercial activities, such as negotiations involving Gem and other streaming services.
Bouchard explained that the public broadcaster relies on commercial partnerships to fund part of its operations, making the confidentiality of subscriber numbers crucial for market negotiations. CBC cited exemptions related to programming activities and protecting its competitive standing as reasons for withholding the information. However, Information Commissioner Caroline Maynard concluded that while the numbers do impact programming activities, they also relate to general administration, thus not qualifying for the exemption.
Maynard highlighted that CBC could not sufficiently demonstrate a realistic expectation of harm to its competitive position or negotiations. This ruling diverges from the interpretation of “sensitive commercial information” by the Canadian Radio-television and Telecommunications Commission (CRTC). Bouchard stated that CBC/Radio-Canada seeks legal clarification on this matter through the courts.
During a session with the House of Commons heritage committee, Bouchard faced questioning regarding CBC’s decision to contest Maynard’s ruling. Conservative MP Kevin Waugh pressed Bouchard on the refusal to disclose the paid Gem subscriber count. Bouchard disclosed that approximately 5 million accounts have been created but declined to reveal the number of paid subscribers, citing competitive reasons validated by the CRTC.
The streaming service, launched by CBC in 2018, offers both free and paid versions. The paid version includes ad-free on-demand content and access to CBC News Network. Bouchard emphasized that the paid subscribers are not the primary focus of Gem, which primarily caters to free users with the paid option catering to those seeking an ad-free experience.