CBC addressed uncertainty around digital programming budgets and data reporting for diversity initiatives in the final leg of the virtual hearing for its broadcast licence renewal with the CRTC.

The more than two week hearing closed with CBC’s response to interventions to its proposed licence renewal, which included a request for flexibility in its requirements for programs of national interest (PNI) between linear and digital platforms.

CBC president and CEO Catherine Tait began with an address to the much-raised issue of data transparency, stating that part of the problem is that Canadians may have trouble finding and understanding available data, and offered to work with the Commission to make it more accessible.

In regards to data around diversity measures, Tait says they’ve heard “loud and clear” the production community’s request for updated definitions in its data collection, and will work with the CRTC on setting them. She added that there will be a margin of error in the reporting for groups such as the LGBTQ2+ community whose members may not be willing to self-identify.

Organizations such as the Canadian Media Producers Association (CMPA) and the Canadian Association of Broadcasters (CAB) voiced concern over the prospect of a reduced PNI requirement for CBC’s linear programming. CAB raised the red flag at the possibility of the public broadcaster becoming too much of a competitor with private broadcasters; the CMPA argued that, historically, content on Gem has been commissioned with a fraction of the budget as primetime content, so reducing exhibition requirements for linear to carry them over to Gem could mean less money going to Canadian-produced content.

CBC EVP Barbara Williams countered that since PNI is only regulated for linear platforms, that’s where the budget has gone, so if their flexibility measures are approved, the programming created for digital should retain similar budgets.

Tait took issue CAB’s argument as well, stating that if CBC weren’t allowed to compete in the same markets as private broadcasters, “we would be deviating from our legislated mandate to provide a wide range of programming that informs, enlightens and entertains.”

However, the CMPA also said moving a portion of PNI requirements to digital creates a problem for discoverability, where there’s no data on what programs audiences are watching on the streaming service. “When you turn on your local CBC television station in the evening, you are immediately shown a program, so it is immediately discoverable to you, but it just does not translate when it comes to Gem,” said Kelsey McLaren, senior director, regulatory and copyright at the CMPA, with a request for more transparency on “how things will be discoverable.”

Williams said a larger investment in their digital programming and marketing go hand in hand. “There is no difference in our minds about the commitment to that big, important, expensive show that we count as PNI,” she said. “There’s no difference in our approach to it, whichever platform it’s on. The money goes with the show. The money doesn’t go with the platform.”

She added that the content that will be produced for digital platforms will be targeted to those audiences who are interested in serialized, binge-worthy series, and marketing dollars will be focused on digital strategies in turn.

A central concern brought up by the CMPA was the requirement that CBC negotiate a terms of trade agreement with the producers associations. CMPA president and CEO Reynolds Mastin argued that terms of trade would enable both the CBC and producers to “do what they do best” and exploit IP rights to their fullest extent for maximum value through sales and ancillary revenue. He added the current system sees “unnecessary leakages of precious funding and financing dollars from the system,” due to one party having too much leverage over the other.

Williams argued that CBC is restricted from taking foreign rights to 95% of what it commissions due to regulations from the Canada Media Fund, except for low budget series where they finance the majority of the budget and foreign sales help to recoup a portion of the investment. “Quite frankly, the bigger concern for our Canadian producers should be the all-rights deals that are the ‘cost of entry’ to any deal with all foreign streamers,” added Williams.

The pubcaster also addressed interventions regarding Indigenous content from parties such as APTN, the Indigenous Screen Office and Winnipeg-based prodco Eagle Vision, which called for more decision-making given to Indigenous-owned media. Tait affirmed CBC’s commitment to its reconciliation efforts, noting that two Indigenous advisors are in place to lead efforts. She also stated a commitment to reporting their progress on reconciliation initiatives to the CRTC on an annual basis.

The hearing intervenors will have until Feb. 24 to file their final remarks on the licence renewal, while CBC has until March 10 to file its response.

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