OTTAWA — CBC/Radio-Canada has initiated a legal challenge in Federal Court against an order requiring it to reveal subscriber numbers for its Gem streaming service. The information commissioner mandated CBC to disclose the number of paid subscribers following an access-to-information request.

Marie-Philippe Bouchard, president of CBC/Radio-Canada, stated that the subscriber figures are sensitive commercial information. She emphasized that maintaining confidentiality is crucial for commercial negotiations, particularly when bundling Gem with other streaming services. Bouchard expressed discomfort with the information commissioner's ruling, which she believes contradicts the interpretation of sensitive commercial information by the Canadian Radio-television and Telecommunications Commission.

In her final report on the access-to-information complaint, Information Commissioner Caroline Maynard acknowledged that while the subscriber numbers pertain to CBC's programming activities, they also relate to its general administration. This means the exemption for disclosure does not apply. Maynard noted that although CBC identified potential harms to its competitive position and ongoing negotiations, it failed to demonstrate a reasonable expectation that these harms would occur beyond mere possibility.

Bouchard stated that CBC/Radio-Canada seeks judicial clarification on this matter. The Gem streaming service, which launched in 2018, offers both paid and free versions. The paid subscription, priced at $5.99 per month, provides ad-free on-demand streaming and access to CBC's 24-hour news channel, CBC News Network. Bouchard clarified that paid subscribers are not the primary focus of Gem, saying, "Gem is mainly a free-to-user service. And the paid part is really a commodity for people who don’t want advertising."