CBC/Radio-Canada submitted an application to Federal Court fight an order requiring the disclosure of caller numbers to their gem streaming service.
The Information Commissioner ordered the CBC to provide information on the number of paying Gem subscribers following a data access request.
CBC/Radio-Canada president Marie-Philippe Bouchard told The Canadian Press that subscriber numbers are confidential business information.
That confidentiality matters when it comes to things like commercial negotiations to combine Gem with other streaming services, Bouchard added.
The public broadcaster “has an obligation to generate part of our budget through commercial relationships,” she said.
“And it has to be done in accordance with the rules of the market. And that's why we feel uncomfortable with this ruling because of its interpretation.”
In declining to disclose the figures, CBC cited exceptions for programming activities and information that could harm its competitive position.
In her final report on the access to information complaint, Information Commissioner Caroline Maynard wrote that while subscriber numbers relate to CBC's program activities, they also relate to its general management, meaning the disclosure exemption does not apply.
Maynard said that while “CBC did identify possible harm to its competitive position or ongoing negotiations, it did not demonstrate a reasonable expectation that such harm would occur that goes well beyond mere possibility.”
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The Information Commissioner's ruling conflicts with the Canadian Radio-television and Telecommunications Commission's interpretation of what constitutes “confidential business information,” Bouchard said.
Bouchard said CBC/Radio-Canada wants the courts to provide clarity on the issue.
In 2018, CBC launched the streaming service Gem, which has both paid and free versions. The paid version, which costs $5.99 per month, includes ad-free on-demand streaming and coverage of CBC's 24-hour news channel, CBC News Network.
Paid subscribers “are not what Gem does,” Bouchard said. “Gem is basically a free service for users. And the paid part is really a product for people who don't want advertising.”
CBC does not disclose the number of paid or unpaid Gem subscribers.
In its notice of application, CBC/Radio-Canada is asking the court to overturn the information commissioner's order and declare that Gem's records are not subject to disclosure.
It states that the public broadcaster “operates in a highly competitive environment in which foreign and domestic private and public broadcasters, as well as other digital streamers, offer their own programming on their respective distribution platforms.”
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