Editorial: Indiana Code, Competition and the Definition of News

I'm going to start with something I believe is important, the definition of 'Qualified Publication' in Indiana Code. You find the definition scattered throughout IC, but I first came across it while looking up what I needed to do to be able to carry a scanner in my car like reporters and photographers from a 'newspaper.' What I found is that Indiana defines what the state considers a legitimate news source.

As I dug around, I came across one area that was really interesting - legal classifieds. As you may or may not know, government officials are required by law to run announcements for the public. As it stands, in most cities around the state, the only source they have to publish these legal announcements are newspapers. And since newspapers are the only option, you can imagine they're paying a pretty penny.

Now, I'm not saying any Blog, Forum or MySpace Page should be eligible to receive city money to run legal announcements, but I do believe there should be something in place that defines a legitimate online only news source. (Be it age of the site, circulation or number of unique visitors per month, etc...)

I once received a call on the office phone from a gentleman in Arizona. (It appears he saw the website and thought we were a 'real' newspaper.)

He said he was selling a house that had something to do with Muncie and had to run a classified announcement of some sort. In Arizona and Illinois the rate was high, but Muncie was an incredibly higher amount. The man was quite upset and wanting an alternative.

I had to tell him because I was online only, I probably wasn't eligible to fulfill his requirements. (And truth be told, I don't think our traffic level at this point should make us eligible under any future possible requirements.) He wasn't happy, but he thanked me.

I've also heard from more than one Mayor and a few other officials in East Central Indiana that they're tired of paying outrageous rates to newspapers to run legal announcements. (No, it wasn't either the current or former Anderson Mayor, although I may ask him that question someday...)

Competition is a good thing, what made early America boom. It's unfortunate that we don't see much competition in the realm of media anymore.

I've contacted Senator Sue Errington about this. She was worried about no qualifications for a 'news source.' I tried to assure her that I believed we needed some set of qualifications, but they needed to include online-only news organizations as well. I haven't heard back from her since.

Eventually when I have more time to take up this cause (for the people and future news organizations to come), I'll try Terri Austin and she if she wants to help. I have a lot of verbal acknowledgments from people from all walks of life that they'll support me when the time comes.

I know, though, it's going to be a big struggle, best saved for a later date with more resources. It's something that needs to be looked at, though. I do wonder how much money the City of Anderson gives to the Herald Bulletin each month for legal classifieds - that should be public info, shouldn't it?

With so much money involved, if we do try to change Indiana Code, I imagine the lobbyists will come out in force. I've been told it's been tried before in Indiana - to break the stranglehold newspapers have over city governments in this respect - but has failed due to lobbyists.

I say, though, with enough people we can make our voice heard in the Indiana Statehouse. Anderson Free Press believes the definition of Qualified publication should be looked at and expanded to include the Internet, which has made many things (like AFP) possible.

IC 35-44-3-12 Unlawful use of a police radio; exemptions; "police radio" defined

(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;

IC 5-3-1-0.4
"Newspaper" defined
Sec. 0.4. As used in this chapter, "newspaper" refers to a newspaper:
(1) that:
(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;
(B) has been published for at least three (3) consecutive years in the same city or town;
(C) has been entered, authorized, and accepted by the United States Postal Service for at least three (3) consecutive years as mailable matter of the periodicals class; and
(D) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; or
(2) that:
(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;
(B) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of the periodicals class;
(C) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; and
(D) meets the greater of the following conditions:
(i) The newspaper's paid circulation during the preceding year is equal to at least fifty percent (50%) of the paid circulation for the largest newspaper with a periodicals class permit located in the county in which the newspaper is published, based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service.
(ii) The newspaper has an average daily paid circulation of one thousand five hundred (1,500) based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service.As added by P.L.64-1995, SEC.1. Amended by P.L.38-1997, SEC.1; P.L.169-2006, SEC.1.

 

IC 5-3-1-0.7
"Qualified publication" defined
Sec. 0.7. (a) As used in this chapter, "qualified publication" means a publication that:
(1) is published daily, weekly, semiweekly, or triweekly;
(2) is of general circulation to the public;
(3) has been published for at least three (3) consecutive years in the same city or town;
(4) has continuity as to title and general nature of content from issue to issue;
(5) contains news of general or community interest, community notices, or editorial commentary;
(6) contains advertisements from unrelated advertisers in each issue;
(7) has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not more than seventy-five percent (75%) advertising content;
(8) has a known office location in the county in which it is published; and
(9) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of standard mail (A) class for the time published.
(b) A publication is not a qualified publication if any of the following apply:
(1) The publication is owned by, or under the control of, the owners or lessees of a shopping center or a merchant's association.
(2) The publication is owned by, or under the control of, a business that sells property or services (other than advertising) and the predominant advertising in the publication is advertising for the business's sales of property or services.
(3) The publication is a mail order catalog or other catalog, advertising flier, travel brochure, house organ, theater program, telephone directory, restaurant guide, shopping center advertising sheet, or other similar publication.
(4) The publication is primarily devoted to matters of specialized interest such as a labor, fraternal, society, political, religious, sporting, or trade news publication or journal.
(5) The publication is a magazine, racing form, or tip sheet.
As added by P.L.64-1995, SEC.3. Amended by P.L.38-1997, SEC.3.

As competition is introduced and cities have a choice where to print their legal notices, I imagine the price will go down instead of up each year. Looking at this might not only save money for cities across the state, but also allow grassroots journalism to blossom across the state.

If Indiana is the first state to move in this direction, to politically say they support the grassroots journalism movement, we could become known for more than hogs and corn, CAFOs and Ethanol.

We may be losing our manufacturing in this state, but we have the potential to become a powerhouse in the Information Age.

Indiana Code limiting the abilities of fledgling news organizations to do business and collect revenues is something that needs to be looked at sooner than later.

Signed,
K. Paul Mallasch - Publisher

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