An Act relative to legal advertisements in online-only newspapers

194th Legislature (2025-2026) Introduced by Leigh Davis

MA bill lets online-only newspapers publish legal notices on their site and the statewide site; adds safe-harbor shielding notices from defects due to outages if properly displayed.

Overview

This proposed Massachusetts bill updates the legal advertisements framework to recognize online-only newspapers as valid channels for publishing certain legal notices. It also provides a safe-harbor provision to protect online notices from being ruled defective when publication errors occur due to website issues, so long as the notice is correctly displayed on the newspaper’s site and on the statewide website and meets all other legal requirements.

Key Provisions

Section 1 (amendment to Chapter 4, §13(b)): For an online-only newspaper that does not maintain a print edition, publication on its own website and on the statewide website shall satisfy the publication requirement. This effectively expands the acceptable platforms for legal notices beyond traditional print newspapers.

Section 2 (amendment to Chapter 4, §13(d)): Adds a safe-harbor rule for online-only newspapers. If a legal notice contains an error caused by the website operator or due to a temporary website outage or service interruption, that error shall not constitute a defect in publication, provided the notice appears correctly on either the online-only newspaper site or the statewide site and satisfies all other legal notice requirements.

Who and What Would Be Affected

Online-only newspapers: Eligible to fulfill legal notice publication requirements through their own website and the statewide site.

Statewide official website: Serves as a centralized platform for displaying legal notices in conjunction with online-only publications.

Parties required to publish notices (e.g., individuals, businesses, government agencies): Potentially more options for publishing notices; increased emphasis on ensuring accurate and timely online display.

Procedural and Timeline Aspects

Bill number and status: Proposed bill introduced in the 2025-2026 session as House Docket No. 2699; filed in January 2025 (House No. 1632). The introduced authors are Representatives Leigh Davis and Michelle L. Badger.

Historical context: Similar measure previously filed in the 2023-2024 session as House No. 1723.

Next steps (typical): Committee assignment (Judiciary), potential hearings, amendments, and floor votes. No enacted effective date is specified in the text provided.

Potential Impacts

Access and modernization: Aligns Massachusetts law with digital publishing realities, potentially increasing accessibility of notices to the public.

Reliability considerations: The safe-harbor language clarifies that temporary disruptions won’t invalidate publication, so long as the notice is properly displayed and complies with all requirements.

Implementation: Requires online publishers to coordinate with the statewide website and maintain accurate displays to avoid disputes over “appearance” and compliance.

Overall, the bill formalizes online-only newspapers as legitimate channels for legal notices and provides protections for temporary online publication issues.

Bill