The Information Commissioner of Canada has released a report regarding the CBC's refusal to disclose the number of paid subscribers to its English-language digital streaming service, CBC Gem. The report, completed on August 20, is currently under judicial review at the Federal Court. This situation arose after Matt Malone, a law professor at the University of Ottawa, submitted a freedom-of-information request for the subscriber count, a detail many might expect a Crown corporation to share.

CBC Gem offers a free service that streams various recorded CBC programs. For a monthly fee of six dollars, subscribers can access the same content without ads, along with a live stream of the CBC News Network. Given the CBC's recent efforts to revise its mandate and engage in public discussions about its functions, the number of paying subscribers is of significant public and academic interest.

However, Malone's request was denied. According to the Information Commissioner's report, CBC lawyers cited the federal Freedom of Information Act, which exempts the corporation from disclosing information related to its journalistic, creative, or programming activities, except for details concerning general administration. This broad exemption raises questions about what aspects of CBC operations could be considered unrelated to programming.

The CBC argued that nearly all of its activities fall under the programming category, thus justifying the secrecy. The law's vague definition of “general administration” forced the Information Commissioner to analyze whether subscriber numbers fit into this category. Additionally, the CBC invoked another exemption that allows government institutions to withhold information that could harm their competitive position or interfere with negotiations.

The report delves into complex legal arguments, including references to CRTC rulings and discrepancies between the French and English versions of the Freedom of Information Act. The Information Commissioner ultimately found the CBC's arguments insufficient. Instead of providing Malone with the requested information, the CBC opted to seek judicial review, meaning these legal complexities will now be addressed in court.

As taxpayers fund both the CBC and the Information Commissioner's office, the ongoing legal proceedings may be viewed as a public spectacle, highlighting the intricate relationship between government transparency and institutional secrecy.