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As the internet became more commonplace over the past two decades, many state legislatures have sought to transition public notices to digital publication as a way to increase efficiency and maintain relevance with the broader public. This transition has posed a threat to the many local newspapers, whose notices have been a significant revenue source as well as a means to hold larger institutions accountable.

Some state governments have recently begun attempting to implement new laws to mandate a digital-first publishing policy for public notices. Citing the waning relevance of print media, these institutions argue that digital notice publication would increase the accessibility of this information to the wider public.

Beyond the negative impact this change would have on their financial viability, many newspapers argue that digital-only public information would actually reduce the trustworthiness of this information. With government-controlled public information dissemination, facts can be skewed or omitted that otherwise wouldn’t be if published by an independent institution. Digital records are also much easier to change or outright remove than information that is physically printed and preserved.

This debate has prompted many states to come to a compromise where all records that are required to be published in a Newspaper of Public Record must also be made available on that publication’s website or within a statewide directory of notices. Currently, 20 states have outlined guidelines and requirements for the digital publication of public notices in partnership with newspapers. 

In order to maintain this compromise, it is more vital than ever for newspapers to establish an online presence. A thriving digital news website proves that a publication has the relevance required to justify its designation as a Newspaper of Record and that it is the best possible outlet for disseminating public information. 

Many statewide press associations have taken on a critical role in preserving the connection between public notices and newspapers. Part of their strategy in working with lawmakers to strengthen this connection has been ensuring as many members as possible are publishing digitally. As Betsy Edwards, Executive Director of the Virginia Press Association, explains: “We would not want those legislators to drill too deep and find out that there were a dozen newspapers that were VPA members that didn’t have a website because that kind of like ruins our argument quite honestly.”

Forty-five states, including Virginia, have also created digital repositories of public notices that are linked to each newspaper’s website in the state. , This removes some of the administrative burden of publishing notices online for individual papers while keeping them separated from government institutions. 

While public notices are just one element of a publication’s responsibility and business model, they serve a critical role in maintaining the public utility of each region’s newspaper. Adding digital public and legal notices not only helps to strengthen this connection but also opens these local institutions up to wider visibility and revenue opportunities.

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