Sep 10 2017

The legal definition of advertising #advertise #definition


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The term advertising generally refers to paid forms of communication that are distributed at the initiative of economic operators (by means of television, radio, newspapers, banners, mail, Internet, etc.) as part of an intentional and systematic effort to affect individual attitudes and choices in relation to the consumption of goods and services.

Legislative Decree no. 145/2007 defines advertising as “the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations”.

This is clearly a very broad conception that encompasses all forms of promotional communication, regardless of the means or methods of distribution. What it does exclude is publicity that is non-commercial, in the sense that it makes no reference to economic activities, such as political propaganda and social publicity.

This advertising notion still includes, however, forms of communication that promote a business image as perceived by consumers, even when no immediate form of sales push for specific goods or services is involved.

As for advertising methods and means of distribution, a relentless process of innovation continues to be driven by the imagination of advertisers, technological developments and the development of new marketing techniques. New advertising vehicles like the Internet continue to emerge alongside traditional distribution methods, like television, dailies and periodicals, banners, direct marketing (mailings, phone calls and door-to-door sales), radio, cinema and product packaging itself. As should be readily apparent, the decree applies to all advertising regardless of the specific means of distribution.

Comparative advertising is an advertising method that businesses use to promote their goods and services by comparing them with the products of their competitors. The identification of actual competitors may be implicit or explicit. The former is known as indirect comparative advertising, and the latter is known as direct comparative advertising.

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