Mass. law governing legal ads needs to be updated to include digital-only outlets

Legal advertising has been a mainstay of the press since Colonial times. Official announcements of bids for government work, auctions and the like bring in a lot of revenue, and there were papers that were literally founded in order to be paid for publishing public notices.

But the future of legal ads in Massachusetts has come into question. State law requires that they be published in the print edition of a newspaper that circulates in the relevant city, town or county — and Gannett next month will be closing at least 19 local print weeklies after shutting down at least a half-dozen in 2021. Where will you publish legal ads?

I know that this has long been a thorn in the side of The Bedford Citizen, a nonprofit digital news outlet that would like to get its share of legals. Instead, those ads are published in Gannett’s Bedford Minuteman, whose paid circulation is less than 500, according to the Alliance for Audited Media. By contrast, the Citizen’s daily newsletter has more than 2,000 subscribers, and its website recorded some 133,000 users during the first half of 2021.

And now the Minuteman is closing. The assumption is that the legal ads will be run in The Sun of Lowell, a daily with virtually no presence in Bedford.

The current, confusingly worded law allows for the online publication of legal ads, but they must also be published in a print edition. State Rep. Ken Gordon, a Bedford Democrat, responded to my inquiry on Twitter by saying that he’s working with Rep. Alice Hanlon Peisch, D-Wellesley, to change that and allow for legals in digital-only publications.

Gannett also publishes the weekly Wellesley Townsman, which is not among the print weeklies that the chain will be closing. But who knows what the next round of cuts will bring? Moreover, Wellesley is home to the independent, online-only Swellesley Report, which would surely like a share of those legals. No doubt that’s part of what has piqued Rep. Peisch’s interest.

All of this comes at a time when the idea of publishing legal ads in news outlets is under assault. Why should the government subsidize journalism through advertising when it can publish legals for free on its own websites?

Florida is going through this right now. It was only recently that the state passed a law allowing government officials to advertise on news websites instead of in print newspapers if they so chose. But as Gretchen A. Peck recently reported in the trade publication Editor & Publisher, a proposal is being pushed through the state legislature that would allow for free publication on government websites instead.

The legislation has all the appearances of being part of Gov. Ron DeSantis’ war against the press. “This is just yet another of his red meat, hateful, harmful, hurtful pieces of legislation that he has been pushing this legislative session,” Democratic state Sen. Gary Farmer told E&P.

But to get back to the question of why: The Massachusetts Newspaper Publishers Association, which maintains a database of legal ads published throughout the state, offers four reasons for publishing ads in news outlets rather than on government websites:

  • “They must be published in a forum independent of the government.
  • “The published notice must be preserved and secure in a tangible record that is archived.
  • “The notice must be conveniently accessible by all segments of society.
  • “The notice’s publication must be verifiable (by way of an affidavit of publication).”

In other words, the news-outlet requirement is an anti-corruption measure. If government is allowed to publish its own legal notices, who’s to say that some of them won’t be buried for some nefarious purpose? Who’s to say the wording won’t be changed?

The involvement of news organizations in legal ads is essential not just as a revenue stream but for ensuring that the government can’t engage in self-dealing. That said, the law needs to be updated. The print requirement has been an anachronism for years, and it’s only getting worse.

Tech thinker Jody Brannon on the digital future and the dangers of monopoly

Jody Brannon

The new “What Works” podcast is up, featuring Jody Brannon, director of the Center for Journalism & Liberty at the Open Markets Institute. Brannon started her career in print in her native Seattle. Never one to shy from a challenge (she’s an avid skiier and beamed in from the snowy mountains of Idaho), she transitioned to digital relatively early on in the revolution. She has had leadership or consulting roles at washingtonpost.comusatoday.com and msn.com, as well as the tech universe.

She served on the board of the Online News Association for 10 years and holds a Ph.D. in mass communication from the University of Maryland. The Center for Journalism & Liberty is part of the Open Markets Institute, which has a pretty bold mission statement: to shine a light on monopoly power and its dangers to democracy. The center also works to engage in grassroots coalitions, such as Freedom from Facebook and Google and 4Competition.

My Quick Take is on an arcane subject — the future of legal ads. Those notices from city and county government may seem pretty dull, but newspapers have depended on them as a vital source of revenue since the invention of the printing press. Now they’re under attack in Florida, and the threat could spread.

Ellen weighs in on a mass exodus at the venerable Texas Observer magazine, once a progressive voice to be reckoned with and home to the late great columnist Molly Ivins.

You can listen to our conversation here and subscribe through your favorite podcast app.

Chris Krewson of LION Publishers on the future of digital local journalism

Chris Krewson

Chris Krewson is the executive director of Local Independent Online News Publishers, better known as LION Publishers. The national nonprofit aims at supporting local journalism entrepreneurs and has some 400 members. He speakers with Ellen Clegg and me on the latest “What Works” podcast.

LION tapped Chris as its leader in 2019, and he brings significant digital experience to the job. In fact, he’s had many prior lives. He was the top editor at Billy Penn, a mobile-first local start-up in Philadelphia launched by the legendary Jim Brady that’s now part of public radio station WHYY. He’s also the former top digital editor for Variety, The Hollywood Reporter, The Philadelphia Inquirer and The Morning Call of Allentown, Pennsylvania.

I’ve got a Quick Take on a Poynter Online essay by Kathleen McElroy, director of the School of Journalism and Media at the University of Texas at Austin, who urges local journalists to consider staying in the game by publishing a local newspaper. Ellen discusses the new Harvey World Herald online site, which fills a need in a news desert just outside of Chicago.

And Chris clears up a crewcut pop-culture mystery for Ellen.

You can listen to our conversation here and subscribe through your favorite podcast app.

Gannett goes on a massive spree of closing and merging weekly newspapers

Photo via Max Pixel

Gannett is closing at least 19 print weekly newspapers serving at least 26 communities in Eastern Massachusetts, according to notices posted on those papers’ websites. In addition, nine weeklies are being merged into four.

“Local newspapers aren’t dying. They’re dead,” wrote Greg Reibman, president of the Charles River Regional Chamber and a former journalist at Gannett’s predecessor company, GateHouse Media.

The closings were announced with the same boilerplate language claiming that Gannett is committed to a bright digital future in which local news will be covered better than ever, children will play and every puppy will find a home. For instance, here’s a portion of the announcement published in the Bedford Minuteman:

This business decision reaffirms The Bedford Minuteman’s commitment to the sustainable future of local news. The Bedford Minuteman and its parent company, Gannett, understand many readers value and depend upon the news and information they find weekly in their print products. The company’s focus on digital news presentation helps ensure continued delivery of valuable community journalism and effective platforms for advertisers.

In fact, many of these titles have been zombie papers for quite some time, carrying little if any local news. And the current round of closures follows the revelation several weeks ago that staff reporters at nearly all of Gannett’s Massachusetts weeklies would be assigned to regional beats, pulling them off bread-and-butter coverage of local government and community events. The only weeklies not affected by that earlier change were the Cambridge Chronicle, the Old Colony Memorial of Plymouth and the Provincetown Banner.

Gannett, the largest newspaper chain in the country, publishes more than 100 daily newspapers in 46 states, including the flagship USA Today. I can no longer even guess at how many weeklies it publishes, but in the not-too-distance past the number exceeded 1,000. As I’ve said before, I have no problem with moving to digital in order to save costs and invest in local journalism. But Gannett is cutting print and journalism simultaneously.

Fortunately, there are many sources of independently owned local news outlets in Massachusetts. Please support them.

The list of closures and mergers I’ve compiled may be incomplete. Over the past year, Gannett has whacked a number of print weeklies, so this is just the latest round. If you hear of any more, please let me know.

Closures

  • Bedford Minuteman
  • Beacon (Acton and Boxborough)
  • Beacon Villager (Maynard and Stow)
  • Billerica Minuteman
  • Brookline Tab
  • Burlington Union
  • Carver Reporter
  • Country Gazette (Bellingham)
  • Eagle-Independent (Chelmsford, Littleton and Westford)
  • Kingston Reporter
  • Needham Times
  • Newton Tab
  • Sudbury Town Crier
  • Waltham News Tribune
  • Watertown Tab
  • Wayland Town Crier
  • Weston Town Crier
  • Transcript & Bulletin (Dedham, Westwood and Norwood)
  • Times Advocate (Walpole and Sharon)

Mergers

  • Advocate & Star (Arlington Advocate and Winchester Star)
  • Coastal Mariner (Marshfield Mariner, Scituate Mariner and Cohasset Mariner)
  • Free Press & Advertiser (Saugus Advertiser and Melrose Free Press Observer)
  • Transcript & Journal (Medford Transcript and Somerville Journal)

GBH News GM Pam Johnston on how public media can help fill the local news gap

GBH News general manager Pam Johnston. Photo © 2021 by Dominic Gagliardo Chavez/GBH.

Pam Johnston, general manager for news with GBH, has a deep background in local television in Boston at WLVI (Channel 56), and earlier at local stations in Raleigh, North Carolina, and Portland, Maine. At GBH, which is a public media company, she has a broad portfolio. She is responsible for local and regional news operations across all platforms, including radio, television and digital. She also supervises GBH’s contributions to two NPR programs, “Morning Edition” and “All Things Considered.”

Johnston joined GBH in 2012 as director of audience development for “Frontline,” the national investigative series, where she is credited with diversifying the audience and connecting them with long-form documentaries, virtual reality experiences and podcasts.

I have a Quick Take on a multimillion-dollar glitch in ad tech by Gannett, and Ellen Clegg reports on a union survey of workers at Tribune Publishing (now owned by Alden Global Capital) that reveals big gaps in pay equity.

You can listen to our conversation here and subscribe through your favorite podcast app.

Gannett falsely accuses the Journal of smear in report on ad-tech screw-up

They say Indianapolis is lovely in the summer. Photo (cc) 2009 by Willy Feng.

Earlier this week, The Wall Street Journal reported that a glitch in Gannett’s online advertising software had resulted in ads appearing in the wrong places. For instance, to cite an actual example, an ad that was intended for USA Today’s national online audience might instead appear on the website of the Indianapolis Star.

So how did Gannett respond? With a defensive press release that falsely claimed the Journal story “implies Gannett intentionally shared inaccurate information to advertisers over a period of nine months.”

No, it didn’t. You can read the full Journal story, by Patience Haggin, for yourself, but this seems relevant: “Gannett said in a statement that it provided the wrong information and that it regrets the error, which it said was unintentional.” There is not one sentence in Haggin’s article contradicting Gannett’s claim that the error was inadvertent. Of course, the mistake might have been related to the fact that Gannett’s workforce is notoriously overworked and underpaid, but the Journal article didn’t say that, either.

What the story does confirm is that no one knows what is going on in the murky world of programmatic advertising, where digital ad space is sold through automated auctions by Google and, in this case, Gannett. It’s not at all like buying a two-column, six-inch ad on page seven in your local print newspaper. As Braedon Vickers, the ad-industry researcher who discovered the error, told the Journal, “Programmatic advertising relies on a lot of data being self-reported by those selling the ads. That this issue went undetected for so long suggests that the processes in place to verify this information are not sufficient.”

Writing in the trade journal Editor & Publisher, Gretchen A. Peck observed that Gannett’s “value proposition and trust” were undermined by the error. But she also quoted Krzysztof Franaszek, the founder of Adalytics Research, who said it appeared exceedingly unlikely that Gannett’s deceptive practices were intentional:

I think it’s likely a simple ad ops error. We tried to analyze this phenomenon from a number of different angles to determine if there was some kind of material benefit to Gannett of doing this, and after an exhaustive enumeration of possibilities, we found no rational explanation of how this would benefit Gannett.

Among the brands affected by the screw-up, according to Vicker, were Nike, Ford, State Farm, Starbucks and Marriott. Gannett’s statement said the error involved less than $10 million in advertising.

Gannett is the country’s largest newspaper chain, owning 100 or so daily newspapers and many hundreds of other media properties in 46 states. The company controls a good share of the local news outlets in Greater Boston and environs — including a number of weekly papers that have gone digital-only in the past year, and which recently dumped community coverage from most of its non-daily titles.

Please support this free source of news and commentary by becoming a member for just $5 a month.

Newsprint shortage hits rural publishers hard

Supply-chain issues, coupled with the recent blockade by truckers in Canada, have resulted in a shortage of newsprint at rural newspapers.

Writing in the Rural Blog, Buck Ryan reports that some papers may go unprinted because of the paper shortage, which he attributes not just to the Canadian blockade but also to not enough truck drivers and to paper companies switching from newsprint to more lucrative products.

Ingrained reading habits combined with poor broadband access make print newspapers a still-viable medium in rural parts of the country, as I wrote last September. So this is the last thing that the struggling local news business needs right now.

Lex Weaver of The Scope explains how to practice journalism as an act of service

Lex Weaver. Photo by Ruby Wallau via Northeastern University.

Lex Weaver is editor-in-chief of The Scope, published by Northeastern University’s School of Journalism. The Scope is a digital magazine focused on telling stories of justice, hope and resilience in Greater Boston, with an emphasis on communities of color. Their mission: practicing journalism as an act of service. They work to amplify the voices of those overlooked by traditional media.

The current version of The Scope launched in the fall of 2017 and was based on a brilliant prototype created by then graduate students Emily Hopkins (now a data reporter at ProPublica), Priyanka Ketkar (now a multimedia editor at Lakes District News in British Columbia) and Brilee Weaver (now a social media manager for Northeastern’s external affairs office.) As our Northeastern colleague Meg Heckman, The Scope’s first adviser, reminded us the other day, it was initially called The Docket, but we changed the name for a couple of reasons: 1) We wanted to cover more than criminal justice; 2) people outside of Northeastern thought we were a project of the law school.

Thanks to a Poynter-Koch Fellowship, The Scope has a full-time editor-in-chief. Catherine McGloin was The Scope’s first full-time editor and our inaugural Poynter fellow. She started in the summer of 2019 and did a tremendous amount of work to build both content and audience — a feature called Changemakers, editor coffee hours in Nubian Square and email newsletters were all her idea. She was followed by Ha Ta.

Lex has continued to help The Scope grow in terms of content, audience and partnerships.

In our weekly Quick Takes, I look at The Boston Globe as it turns 150, and Ellen Clegg reports on a California bill aimed at funding local public interest journalism.

You can listen to our conversation here and subscribe through your favorite podcast app.