Virginia will allow public notices to be published in digital-only news outlets

Public notices may not be the sexiest part of the local news business, but the revenue they bring in is crucial. Also known as legal ads, these notices — usually placed by local government to announce public hearings, bids and other business — must, in most states, be published in a print newspaper. But this requirement has come under question in recent years as more and more communities find themselves without a viable print paper. Why not let them advertise in a digital news outlet?

Recently Virginia became the first state to allow that option. ARLnow, a digital site that covers the Arlington, Virginia, area, reports that the state legislature recently approved a digital-only option by “overwhelming bipartisan majorities,” and that Gov. Glenn Younkin has signed it into law. The new system will go into effect on July 1.

The proposal, put together by the Virginia Press Association and a group of online publishers, requires that a digital outlet meet certain benchmarks in terms of readership and local staffing. According to a statement by Betsy Edwards, executive director of the press association:

The Virginia Press Association believes that independent, third-party local news sites (print or online) are the best place to publish government public notices. We supported this legislation because it utilizes local newspapers and news websites to provide the public with maximum transparency.

The Virginia law is just the latest sign that the monopoly held by print newspapers over public notices is beginning to break apart. Last year Oregon passed a law allowing public notices in replica editions with paid subscribers, and Indiana is on the verge of adopting a system that would ease, but not overturn, the print requirement.

In Massachusetts, there has been talk of changing the system, but proposals to allow digital-only publication are in the very early stages. It’s not an easy issue. Some independent print newspaper owners argue that public notice revenue is vital to their bottom line, and that it would be unfair to allow digital-only outlets to get that money.

On the other hand, there are some absurd situations out there. Bedford officials, for instance, advertise in The Sun of Lowell, a chain-owned paper with virtually no presence in the town, even though the community is covered by The Bedford Citizen, a digital nonprofit with a significant footprint.

What really matters is that government be required to advertise in independent outlets — unlike Florida, for instance, where one of Gov. Ron DeSantis’ anti-press actions was to push legislation allowing officials to post public notices on their own official websites.

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