CBC/Radio-Canada has lodged a petition in Federal Court contesting an order demanding the release of subscriber figures for its Gem streaming platform. The information commissioner instructed CBC to disclose the count of paying Gem subscribers in response to an access-to-information request. CBC/Radio-Canada’s president, Marie-Philippe Bouchard, emphasized the sensitivity of the subscriber data as crucial commercial information, especially in negotiations involving Gem’s integration with other streaming services. Bouchard highlighted the significance of maintaining confidentiality in commercial dealings to adhere to market regulations, expressing discomfort with the current interpretation due to potential implications.
Refusing to disclose the figures, CBC cited exemptions related to programming activities and protection of its competitive position. The Information Commissioner, Caroline Maynard, noted that while the subscriber numbers are connected to CBC’s programming activities and general administration, the exemption from disclosure does not apply. Maynard emphasized that CBC failed to demonstrate a reasonable expectation of significant harm to its competitive position arising from the disclosure. The information commissioner’s decision was at odds with the Canadian Radio-television and Telecommunications Commission’s understanding of “sensitive commercial information,” according to Bouchard, who seeks clarity on the matter through court intervention.
During an appearance before the House of Commons heritage committee, Bouchard faced questions about CBC’s decision to challenge Maynard’s ruling in court. Conservative MP Kevin Waugh pressed Bouchard on the reluctance to unveil the number of paid Gem subscribers, questioning if there was embarrassment or hesitation in revealing the figures. Bouchard disclosed that around 5 million accounts have been created but refrained from specifying the number of paid subscribers, citing confidentiality for competitive reasons supported by the CRTC. She underscored the need for the court to resolve the conflicting interpretations between the two regulatory bodies.
CBC introduced the Gem 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 clarified that the paid subscribers, although crucial, are not the primary focus of Gem, which primarily caters to free users, with the paid option serving those who prefer ad-free content.