CBC sues information commissioner over order to disclose Gem subscriber numbers

CBC/Radio-Canada is taking the information commissioner to Federal Court in a bid to block the disclosure of subscriber information related to its digital streaming platform CBC Gem. In its application for judicial review, filed Oct. 10, the public broadcaster asks the court to overturn a recent disclosure order issued by Information Commissioner Caroline Maynard on Aug. 20. The order requires CBC/Radio-Canada to reveal the number of paid subscribers to Gem. The dispute stems from an access-to-information request submitted by University of Ottawa law professor Matt Malone last February, asking for the paid subscriber count for Gem, which the Crown corporation operates as both a free and paid-subscription digital streaming service. Paying for CBC Gem Premium, which costs $5.99 per month, grants ad-free viewing and access to CBC News Network. The broadcaster refused the request on March 5, 2024, prompting Malone to file a complaint with the information commissioner. The CBC argues that the details of its premium subscriber numbers do not have to be disclosed because they are excluded from the Access to Information Act. According to the act, all Canadians have the right to request access to any record under the control of a government institution. However, this part of the act does not apply to “any information that is under the control of the that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.” Gem subscriber numbers are related to the CBC’s “journalistic, creative, or programming activities” and do not relate to its general administration, the public broadcaster argues, noting that the platform “solely exists to transmit programming content,” fulfilling its mandate under the Broadcasting Act. If the court does not agree with that assertion, the CBC alternatively argues that the records are also exempt from disclosure because they are commercially sensitive and their disclosure could “prejudice the competitive position of CBC/SRC or interfere with contractual or other negotiations of CBC/SRC.” The broadcaster highlights that it operates in a digital programming environment where it must attract paying subscribers and negotiate carriage terms with broadcast distribution undertakings. The CBC specifically requests an order setting aside the information commissioner’s disclosure order and a declaration that Gem subscriber numbers are exempt from disclosure. phalentm@thewirereport.ca

CBC sues information commissioner over order to disclose Gem subscriber numbers

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By Phalen Tynes-MacDonald
|October 17, 2025

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CBC sues information commissioner over order to disclose Gem subscriber numbers

Court | By Phalen Tynes-MacDonald |October 17, 2025

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