The Canadian Radio-television and Telecommunications Commission (CRTC) has determined that telecommunications company Bell is not putting WildBrain at a disadvantage with the distribution of its services, or giving undue preference to Corus Entertainment’s children’s services.

The Toronto-based media company alleged in a filing made in July of 2023 that Bell has breached section nine of the Broadcasting Distribution Regulations under the Broadcasting Act, which states that licensees cannot give undue preference or undue disadvantage to itself or other companies.

WildBrain also claimed Bell was giving undue advantage to its Bell Media streaming service, Crave.

The original filing was heavily redacted, including the reasoning behind the allegations. At the time, WildBrain requested confidentiality from the CRTC regarding information within the full request, arguing that publishing the information would “result in direct harm to WildBrain in the context of its negotiations with third parties.” However, WildBrain linear channels Family Channel, Family Jr., WildBrain TV and French-language channel Télémagino were all named in the document.

The CRTC’s response, filed March 14, states that “The Commission considers that Bell’s actions do not contravene the confidential affiliation agreement with WildBrain and do not contravene its regulatory obligations as a licensed BDU.” The Commission therefore concluded that Bell has not given a preference to Corus’ services and by extension, not given an undue disadvantage to WildBrain’s services.

The CRTC came to the conclusion that WildBrain’s services are similar to Corus, based on genres of programming and the target audience. However, Crave, “given the nature of the service and the wide variety of programming that it provides,” was not seen as “comparable service” for the purposes of the complaint.

Following WildBrain’s original filing, Bell filed a response on September 8, 2023, arguing there was no unjust discrimination. The same day, Corus filed an intervention disputing WildBrain’s characterization. After WildBrain reiterated its arguments, Bell filed additional letters with the CRTC October 16 and 26, after the public record had closed.

“This dispute raises important matters relating to the changing environment for the distribution of linear programming services, particularly with respect to the children and youth genres,” the CRTC’s decision reads. “With the increasing availability of content on online platforms, Canadians face a corresponding increase in choice with respect to their viewing habits.”

WildBrain had not commented on the CRTC decision by press time.

Image: Unsplash