Overview
- CBC/Radio-Canada filed a Federal Court application seeking to set aside the information commissioner’s order and to deem the Gem records exempt.
- Information Commissioner Caroline Maynard had directed disclosure of the number of paid Gem subscribers following an access-to-information request.
- Maynard’s report said the programming-activities exemption does not apply because the data also relate to general administration and found no demonstrated reasonable expectation of harm.
- CBC argues disclosure would undermine commercial negotiations, including bundling arrangements, in a competitive streaming market and points to a differing CRTC interpretation of sensitive information.
- Gem launched in 2018 with free and paid tiers at $5.99 per month, CBC does not release subscriber totals, and the president says paid users are a minor component of the service.