CBC/Radio-Canada has taken legal action in Federal Court to challenge a directive requiring the disclosure of subscriber figures for its Gem streaming service. The information commissioner mandated CBC to reveal 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 the subscriber data, citing its importance in commercial negotiations, particularly in bundling Gem with other streaming services. Bouchard highlighted the significance of maintaining confidentiality in commercial dealings to ensure compliance with market regulations.
CBC refused to disclose the subscriber numbers, citing exemptions related to programming activities and protection of its competitive position. The Information Commissioner, Caroline Maynard, acknowledged that the numbers pertain to CBC’s programming activities but argued that they also relate to general administration, rendering the exemption inapplicable. Maynard noted that while CBC outlined potential harms to its competitive standing and ongoing negotiations, it failed to establish a reasonable expectation of these risks materializing beyond mere possibilities.
This ruling contrasts with the interpretation of “sensitive commercial information” by the Canadian Radio-television and Telecommunications Commission (CRTC), according to Bouchard. CBC/Radio-Canada seeks judicial clarification on the matter to address the ambiguity surrounding the disclosure of subscriber numbers. During a session with the House of Commons heritage committee, Bouchard defended CBC’s decision to challenge the ruling, emphasizing the confidentiality of paid Gem subscribers for competitive reasons. She disclosed that around 5 million accounts have been created but declined to reveal the number of paid subscribers, stressing the validation of this approach by the CRTC.
The streaming service, launched by CBC in 2018, offers both paid and free versions, with the paid tier providing ad-free on-demand streaming and access to CBC News Network for $5.99 per month. Bouchard underscored that paid subscribers play a secondary role in Gem, which primarily serves as a free-to-user platform, with the paid segment catering to individuals seeking an ad-free experience.