BJ Murphy: It’s Time to Modernize North Carolina’s Public Notice Laws
When Mrs. Smith tried to post a legal notice about her late husband’s estate, she experienced a headache undeserving of a widow. Neuse News could have offered a quick, affordable solution, but NC’s archaic laws forced her to use a slow, expensive weekly print newspaper with a shrinking number of subscribers. This is just one of many instances in which a broken system delays essential information for people in need, wastes taxpayer dollars, and precludes modern digital channels.
Public notices in North Carolina provide citizens with information about elections, budgets, legal actions, safety concerns, business permits, contract awards, and infrastructure projects so that the government is transparent.
The Problem
Under North Carolina law (NCGS § 1-596 through 1-601), legal notices must appear in paid-subscription print newspapers that are admitted to the U.S. mail in the periodicals class. This is something digital-only publications like Neuse News cannot do, even though they publish more regularly, reach more people, and are free.
Neuse News is a daily digital news outlet that covers government, education, sports, and community news and reaches thousands of readers through its website, email newsletters, and social media platforms. Yet, we are legally barred from being able to carry public notices simply because we do not meet a century-old definition of a daily news organization.
The Consequences
Citizens face obstacles – People requiring legal notices for publication have to work around outdated guidelines that raise costs and extend waiting times.
Governments waste money – Local governments spend money to print notifications in small-circulation newspapers when digital platforms could deliver information to a larger audience more cheaply.
Small businesses are excluded – Government regulations keep local digital news outlets from publishing public notices, limiting faster and more accessible options while allowing corporations, who may even be out-of-state, to maintain a monopoly on legal notice advertising.
The Solution
The law needs an update to enable verified digital news outlets to be permitted to publish legal notices. Under drafted proposed changes to NCGS § 1-597 through 1-601 I have sent to some state House and Senate members, eligible digital publications must:
Be a legally registered NC business;
Have a publication schedule of at least three times per week;
Archive all published content for at least one year;
Provide some form of measurable subscriber base (through email newsletters or registered users);
The legal notices should be made available without a paywall;
A notarized affidavit attesting to the above must be submitted to the local Clerk of Court.
Why This Matters
The purpose of public notices is to reach as many people as possible, but the current process limits access instead of increasing it. North Carolina is effectively maintaining the status quo and preserving a monopoly for large corporations at the expense of local businesses that actually serve their communities through legitimate news sources such as Neuse News.
Some have argued that local governments should be able to post the notices on their websites. I agree and they should be doing that anyways, but it cannot be the only mandated publication. Newspapers or digital news outlets provide greater coverage and give some semblance of accountability.
A Call to Action
North Carolina needs its lawmakers to allow more free market competition. The amendment of NCGS § 1-597 – 1-601 will guarantee that legal notices are received by more people at reduced costs and will help support local journalism. No one should have to pay extra or wait unnecessarily to access vital information that rightfully belongs to the public.
North Carolina must bring its legal notice laws into the digital age and stop protecting newspapers who only exist because of revenues from obituaries and public notices.
BJ Murphy is the owner of Magic Mile Media and publisher of NeuseNews.com, NeuseNewsSports.com, and NCPoliticalNews.com. He served two terms as mayor of Kinston.