CBC/Radio-Canada has initiated legal action in Federal Court to challenge a directive requiring the disclosure of subscriber figures for its Gem streaming platform. The move comes after the information commissioner mandated that CBC reveal the number 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, noting its importance in commercial dealings such as bundling Gem with other streaming services. Bouchard highlighted the broadcaster’s reliance on commercial partnerships for revenue generation, stressing the need to adhere to market regulations.
In justifying its refusal to disclose the numbers, CBC invoked exemptions related to programming activities and the potential competitive impact of divulging such information. Information Commissioner Caroline Maynard, in her final report on the access-to-information dispute, acknowledged the relevance of the subscriber figures to CBC’s programming operations but determined that the exemption for general administration did not apply. Maynard pointed out that while CBC cited possible competitive harm, it failed to demonstrate a reasonable expectation of significant negative consequences beyond mere speculation.
Bouchard expressed CBC/Radio-Canada’s desire for judicial clarification on the matter, given the discrepancy between the information commissioner’s ruling and the interpretation of “sensitive commercial information” by the Canadian Radio-television and Telecommunications Commission (CRTC). During a session with the House of Commons heritage committee, Bouchard faced questioning regarding the decision to contest Maynard’s ruling in court. When pressed on the reluctance to disclose the number of paid Gem subscribers, Bouchard defended the confidentiality, citing competitive reasons and asserting validation by the CRTC.
According to Bouchard, approximately 5 million individuals have registered accounts on Gem, but the specific number of paid subscribers remains undisclosed for competitive purposes. She emphasized that the paid subscription component, priced at $5.99 per month, offers ad-free on-demand content and access to CBC News Network. Bouchard clarified that while paid subscribers play a role, Gem primarily serves as a free-to-user platform, with the paid segment catering to users seeking an ad-free experience.