“CBC Challenges Disclosure Directive in Federal Court”

CBC/Radio-Canada has submitted a request to the Federal Court to challenge a directive requiring the disclosure of subscriber figures for its Gem streaming platform. The Information Commissioner had mandated CBC to provide the number of paying subscribers for Gem in response to an access-to-information inquiry. CBC/Radio-Canada’s President, Marie-Philippe Bouchard, emphasized the sensitivity of the subscriber data as crucial commercial information. Bouchard noted the significance of maintaining confidentiality in scenarios like negotiating partnerships involving Gem with other streaming services. She highlighted that the public broadcaster relies on commercial associations to generate part of its budget, underscoring the importance of adhering to market regulations. CBC defended its decision to withhold the figures by citing exemptions related to programming operations and information that could impact its competitive stance. The Information Commissioner, Caroline Maynard, clarified that while the subscriber numbers are linked to CBC’s programming activities, they also pertain to its general administration, rendering the exemption inapplicable. Maynard pointed out that CBC failed to demonstrate a reasonable expectation of substantial harm beyond mere speculation regarding its competitive position or ongoing negotiations. Bouchard expressed CBC/Radio-Canada’s intent to seek clarity on the matter through legal channels, following the information commissioner’s ruling. During a session with the House of Commons heritage committee, Bouchard faced inquiries about CBC’s decision to contest Maynard’s ruling in court. In response to queries from Conservative MP Kevin Waugh about the reluctance to disclose the paid Gem subscriber count, Bouchard mentioned that approximately 5 million users had registered accounts but did not disclose the exact number of paid subscribers. She justified the confidentiality of paid subscriber figures citing competitive reasons and highlighted the need to reconcile conflicting interpretations between the CRTC and the court. 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 core of Gem’s service is its free-to-user model, with the paid segment catering to users seeking an ad-free experience.