Or have they stated something like this more often and more clearly in the past?
I seem to remember them constantly saying how they're always pro-consumer. That they know if you give people quality they will appreciate. That they always choose to do well by their fanbase. Well, their major fanbase was the PC players who voted with their wallets and supported them. And they go and offer the Xbox fanbase something a little more, just because they received support from Microsoft (in ways we don't really know).
As, I said. I could care less about this sort of practice. It's not pretty, but it's become standard. But they were particularly touting their horn about how fair they choose to treat their consumers. And, don't get me wrong, they have been and still are amazingly pro-consumer, especially compared to other companies. But I can also understand how some will feel bad, when they can't get all the content that without having to invest in a device, which they may not want to invest in.
And about proving lying has been committed, true, it is difficult. But it's not hard to see that, whether or not he was lying at the time, their behavior right now proves that they didn't respect their publicly announced position. They announced "We are treating all gamers equally". Might be difficult to prove, but it's not hard to recognize that it's not being done.
But, of course, if we want to lawyer-it-up and look for loopholes, we can argue that he said, "we are treating" meaning present-tense. This is the future. It doesn't have to stand today what they said then. Or we can say he was being vague. Or that he didn't mean to be so absolute in his statement. That he actually mean they treat gamers equally, most of the time. Or whatever other excuse we can come up with.
Just as in maths, not being able to mathematically prove something, beyond the shadow of a doubt, doesn't mean it might not really be true.
Or, we can just stop putting CDPR on a pedestal, and understand that they're also a business. Just a business with a more decent way of running things. I mean they are working on a MOBA with ingame transactions, withing the Witcher universe. If that's not telling I don't know what is.
And I'd bet most developers/publishers are decent when starting out. And then they get big, and loose touch with what they were. They start to answer to people who are only interested in the bottom line. Let's hope at least there will be some time until CDPR gets to that level.