From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: What is the definition of “newspaper of general circulation” and can a free newspaper run legal advertising?

A: The Newspaper Advertising Act defines “newspaper of general circulation” as:

"A ‘newspaper’ issued daily, or not less than once a week, intended for general distribution and circulation, and sold at fixed prices per copy per week, per month, or per annum, to subscribers and readers without regard to business, trade, profession or class.”

A newspaper may not be offered for free and a publication that has been denied or is not entitled to Periodicals mailing privileges (second class mail) is not considered a newspaper.

Free publications or publications offered for free with only a small number of subscribers paying do not qualify as a “newspaper” or “newspaper of general circulation” under the Newspaper Advertising Act and are not entitled to run legal advertising.

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PNA Legal Hotline: (717) 703-3080