Please ensure Javascript is enabled for purposes of website accessibility Updating public notice advertisements focus of Freeman bill

Updating public notice advertisements focus of Freeman bill

HARRISBURG, April 23 – While maintaining the current legal requirement to publish public notices in printed newspapers of general distribution and circulation, in the event such a paper does not exist, local governments and school districts would be able to publish their public notices in digital newspapers and free publications, under legislation introduced by state Rep. Robert Freeman.

State law currently requires municipalities and school districts to publish public notices in newspapers of general circulation, which by law must be in print. With fewer and fewer print newspapers remaining, it is difficult for local governments to meet the current statutory requirement for legal notices.

“As more newspapers expand digital platforms and many rural areas and certain demographics within the state struggle with limited internet access, this definition should be broadened to address the circumstances of all Pennsylvanians so that public notices reach as many people as possible,” said Freeman, D-Northampton.

Freeman’s legislation would update the state’s nearly 50-year-old Newspaper Advertising Act to require that public notices continue to be published in print newspapers of general circulation, but if such a newspaper does not exist, the notice could be published in a digital newspaper of general circulation that is the decedent of a printed newspaper. If neither exists, the notice could be published in a free newspaper or an online-only newspaper.

“The changes proposed in my bill are consistent with various recent public notice statutes adopted across the nation and will update our public notice law while ensuring Pennsylvanians can continue to find public notices in their trusted local newspapers, a disinterested, third-party whose constitutional role is to hold government accountable,” Freeman said.

Under the bill, a “digital newspaper” would be an online newspaper formatted similarly to a printed newspaper which must meet specific statutory criteria regarding its purpose and its ties to the community or be a digital descendant of a printed newspaper. A “free newspaper" would be a printed newspaper published without charge that would also have to fit certain statutory criteria regarding its content. An “online-only newspaper” would be a newspaper that is available to the public exclusively online or digitally and must also meet additional statutory criteria.

Print and free newspapers would also have to maintain a website and post public notices online and in front of a paywall. Newspapers would also be required to post public notices on the statewide publicly accessible website maintained by the Pennsylvania News Media Association.

“Print newspapers serve an important and traditional role of informing the public of government matters as well as being an independent watchdog,” Freeman said. “My bill would enable them to continue in that important role.”

House Bill 1291 was referred to the House Local Government Committee for consideration.