From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Our newspaper is concerned that the “Proof of Publication” form that it uses to provide proof to an advertiser that a public notice was printed in the newspaper is out of date. What does Pennsylvania law required a “Proof of Publication” to include?

A: First, your form is probably not out of date, although you should review it to make sure that it contains the necessary information. 

The Newspaper Advertising Act defines "proof of publication" as follows:

"Proof of publication." A printed or written statement, declaring the name of a newspaper of general circulation, a legal newspaper or an official newspaper, as defined in this section, its place of business, when the same was established, the date or dates, and issue or issues, in which a printed notice or publication appeared, and to which is securely attached, exactly as printed or published, a copy of the official advertisement, official notice, legal notice, or legal advertisement, verified with a statement of the owner, publisher, or the designated agent of the owner or publisher, of such publication in which the official or legal advertisement or notice was published, duly sworn to before a person authorized to administer oaths, and also declaring that the affiant is not interested in the subject matter of the notice or advertising, and that all of the allegations of the statement as to the time, place, and character of publication are true.

Under this Act, then, a proof of publication is a printed or written statement, including:

1) the name of the newspaper;

2) that the newspaper is a newspaper of general circulation;

3) its place of business; 

4) when the newspaper was established; and

5) the date or dates, and issues in which the printed notice or publication appeared.

An exact copy of the notice or advertisement, as it ran in the newspaper, must be attached to the above-referenced statement.

The statement must also include a notarized (sworn) verification by the owner, publisher or his designated agent. The sworn verification must state that the affiant (owner/publisher/agent) is not interested in the subject matter of the notice or advertising, and that all of the allegations as to the time, place, and character of publication are true.

There are also additional, more specific Acts that refer to the required "proof of publication" in particular circumstances. These may contain additional (usually minor) requirements. For example, the Education Code provides that:

Proof of publication of any notice required to be given by the posting of handbills or statements shall be made by attaching an original copy of such handbill or statement as actually printed and posted to an affidavit made by the person posting such notice. Such affiant shall not be an interested party or an employe of any person or persons interested in the subject matter of said notice. His affidavit shall state where and when the notices were posted and where the notice was published in newspapers, as aforesaid. A printed copy, exactly as published in said newspaper, shall be securely attached to a similar affidavit of the publisher or his designated agent.

As you can see, this is not significantly different from the definition set forth in the Newspaper Advertising Act, but does have some different language regarding the affiant’s lack of interest in the subject matter.

The PNA has provided a draft “proof of publication” form for your review. As in all cases, we strongly encourage you to review and discuss this form with your newspaper’s attorney prior to using it at your newspaper. As explained above, this form may not be appropriate in all circumstances, as individual statutes may contain additional requirements. 

Please contact your newspaper’s counsel or the PNA’s Legal Hotline at (717) 703-3076 if you have any questions or would like additional information.

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