CBC is seeking an intervention from Canada’s Federal Court to keep the number of paid subscribers to its streaming platform Gem confidential.

The national public broadcaster filed an application to the Federal Court on Monday (Oct. 20) to fight an order from the Information Commissioner of Canada to disclose the figure.

The order, issued on Aug. 20, sprung from a complaint that alleged CBC was in breach of the Access to Information Act by refusing to disclose the number of paid Gem subscribers following an access to information request.

In its defense, CBC argued that the Gem subscriber numbers fall under section 68.1 of the Act, which deems that information controlled by CBC relating to “journalistic, creative or programming activities” are exempt.

CBC also argued that the information is commercially sensitive and would harm their competitive position in the market as they negotiate with distributors, other online platforms and Broadcast Distribution Undertakings. It cited a 2023 decision from the CRTC stating it “would not be appropriate to publish subscriber figures, even in aggregate form.”

In its decision, the Commissioner concluded that the subscriber figures also fall under general administration, making it ineligible for the exemption under section 68.1. Additionally, CBC did not demonstrate that disclosing the numbers would actually cause competitive harm beyond being a “mere possibility.”

The Federal Court application news hit as CBC/Radio-Canada president and CEO Marie-Philippe Bouchard appeared in front of the Standing Committee on Canadian Heritage to discuss the pubcaster’s priorities ahead of its Annual Public Meeting (APM) on Oct. 28.

Bouchard said CBC went to the Federal Court because they’re seeking “reconciliation” between the CRTC’s 2023 order and the Information Commissioner’s decision. She added that it’s a matter of “the conditions in which we’re expected to negotiate with distributors,” in terms of both content and platforms.

During the meeting, Bouchard disclosed to MPs that there are currently 5.3 million accounts created to access Gem’s free ad-supported tier.

Bouchard also addressed CBC’s 2025-30 strategic plan, which will be launched at the APM and was published on the CBC website last week.

Among the priorities are increasing CBC’s presence in more communities to support local news, including investments in Northern Canada; expanding its presence on platforms such as YouTube, TikTok and Twitch, as well as its FAST channel offerings; and increasing its investment in news and independent programming.

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