CBC/Radio-Canada has filed a petition in Federal Court to challenge a directive requiring the disclosure of subscriber figures for its Gem streaming platform. The Information Commissioner had instructed CBC to share the number of paying Gem subscribers in response to a data access request. CBC/Radio-Canada President Marie-Philippe Bouchard emphasized the sensitivity of the subscriber data as crucial commercial information. Bouchard highlighted the significance of confidentiality in commercial dealings, particularly in discussions regarding bundling Gem with other streaming services. She emphasized that the public broadcaster depends on revenue from commercial partnerships and adheres to market rules in its operations.
CBC declined to reveal the subscriber numbers, citing exemptions related to programming activities and protection of its competitive standing. The Information Commissioner, Caroline Maynard, acknowledged that the subscriber figures pertain to CBC’s programming operations but also touch on its general administration, making the non-disclosure exemption inapplicable. Maynard noted that while CBC raised concerns about potential harm to its competitive position, it failed to demonstrate a reasonable expectation of such harm beyond mere speculation.
Bouchard expressed CBC/Radio-Canada’s intention to seek legal clarification on the matter through the courts. During her appearance before the House of Commons heritage committee, Bouchard faced inquiries about the decision to challenge the Information Commissioner’s ruling. Conservative MP Kevin Waugh questioned why CBC hesitated to disclose the number of paid Gem subscribers and implied embarrassment. Bouchard disclosed that approximately 5 million users had created accounts but refrained from divulging the number of paid subscribers, citing competitive reasons and validation by the CRTC. She emphasized the need for reconciliation between conflicting interpretations by different authorities.
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 paid subscribers are a secondary aspect of Gem, with the primary focus on the free-to-user service catering to those averse to advertising.