~ Press release provided by ad hoc group of online publishers in Virginia
RICHMOND, April 2 — One week ago, Virginia became the first state in the nation to approve the publication of legal notices in online-only local news publications. (See Publisher’s Note at end of article.)
Twin bills passed in February with overwhelming bipartisan majorities in the Virginia General Assembly — HB 264 (passed by 98-0 vote) and SB 157 (passed by a 36-3 vote) — were signed by Gov. Glenn Youngkin on Tuesday, April 2. The legislation will become law on July 1, 2024.
“This law begins to recognize the shift in reader preferences in where Virginians obtain their news,” said Virginia House of Delegates bill patron Del. Patrick Hope (D-Arlington). “With the sharp growth in local online news publications, print newspapers are no longer the only source readers [utilize] to obtain information. Legal notices belong in a place that will be seen and, in many communities, that is an online publication.”
The bills came about via a unique, collaborative effort between the Virginia Press Association and an ad-hoc group of online-only Virginia local news publishers. Following unsuccessful efforts to pass similar legislation in Virginia, dating back to 2018, VPA and small Virginia-based online local news publishers last year developed a framework that allows courts to declare local news sites eligible to publish legal notices based on a readership audit, locally based staffing and other factors.
“The Virginia Press Association believes that independent, third-party local news sites (print or online) are the best place to publish government public notices,” stated Betsy Edwards, Executive Director of the Virginia Press Association. “We supported this legislation because it utilizes local newspapers and news websites to provide the public with maximum transparency.”
The enactment of HB 264 and SB 157 marks a major milestone in the continued digital transition of the news industry. In Virginia and all other states, legal notice requirements can only be fulfilled through publication by print newspapers — until now.
“We’re so excited that with the passage of HB 264 and SB 157. Virginia is creating opportunities for vetted digital media platforms to thrive. Virginia’s legacy newspapers have faced years of constriction led largely by out-of-state owners, and this legislation creates a pathway for locally-owned outlets to be financially solvent and serve their communities,” stated Mechelle Hankerson, Society of Professional Journalists Virginia Chapter President. “We thank Scott Brodbeck and all the Virginia journalists who worked on this while doing their main job of keeping their communities informed; Del. Patrick Hope and Sen. Jennifer Boysko for carrying the bills and Gov. Glenn Youngkin for supporting Virginia journalism by creating more business opportunities for all media organizations.”
HB 264 was patroned by Del. Patrick Hope (D-Arlington). SB 157 was patroned by Sen. Jennifer Boysko (D-Fairfax) and Sen. Mark Obenshain (R-Harrisonburg).
“Updating our laws to reflect the continued growth of online news publications makes sense. To ensure that the online only news publications represent the community accurately, SB 157 sets forth specific standards for online-only news publications,” said Sen. Jennifer Boysko (D-Fairfax), Senate of Virginia co-patron of the bill. “I was happy to carry this legislation which reflects the work done by the Virginia Press Association and the online-only news publications to reach an agreement on what will qualify as a newspaper of record.”
Scott Brodbeck (owner and publisher of ARLnow, ALXnow and FFXnow in Northern Virginia) and Randy Arrington (publisher of Page Valley News in the Shenandoah Valley) served as co-lead organizers of the online publisher group. Both anticipate meeting the law’s requirements and publishing legal notices later this year. Several other online-only local news publishers are also expected to petition courts to be certified to publish legal notices.
“Virginia is again proving why it’s a great place for business. This forward-thinking law will fortify legal notice principals, improve government transparency and provide more flexibility to those who need to place a notice, particularly in areas that have lost print newspapers,” Brodbeck said. “There is much doom and gloom in the local news business these days, and deservedly so. But the transition away from print need not be a death sentence. Hundreds of vibrant online-only news sources are operating across the country, quietly growing and serving their communities. More are founded every week. Other legacy local outlets, meanwhile, have become online-only after halting print publication. Allowing legal notices in such publications is good public policy in its own right, and is also a key ingredient to local news surviving and thriving online.”
In Virginia, as in other states, legal notices are paid advertising placements required by law for certain actions, from restaurants applying for a liquor license to local governments holding hearings on proposed ordinances. Public notice requirements date back centuries and are considered an essential component of government transparency in the United States.
“This is a prime example of legislation catching up with technology, and Virginia should be proud to be the first state to fully acknowledge legitimate online news publishers as equals with their print counterparts,” Arrington stated. “The average reader won’t recognize it, but this is a tipping point in community journalism that will help sustain small, independent publishers across the state. Not only does this change to public notice law make these notices more accessible to the public, but it offers local governments another option in publishing, creates a fair playing field between print and online news agencies, and truly provides another financial lifeline to smalltown publishers fighting off news deserts in rural areas.”
The Virginia bills are now expected to be used as a template for modernizing legal notice laws in other states, retaining the independence and accessibility of publication in local news sources while adapting to the realities of shifting local news business models.
PUBLISHER’S NOTE: Top press officials in Oregon and a few other states are contesting the statement that Virginia is the first to do this. However, Virginia press officials believe the new law signed last week is further-reaching and more open (the first of its kind) when compared to other state’s efforts to open up Public Notices to online news sites. Editor & Publisher magazine (a national trade publication) has postponed a vodcast with the principles involved that was planned for April 11 until they can research the issue further through their news team. The issue has quickly caught the attention of state news associations across the country.
•••
RELATED ARTICLES
PVN celebrates 4th anniversary
PVN hits new heights in July as audience continues to grow
Public Notice amendment provides for more awareness, financial savings and fairness
I’m pleased to see the law passed and commend Randy Arrington for his efforts in supporting this legislation.