Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.
The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.
As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.
The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence within s. 102 of the (English) Larceny Act, 1861. See Mirams v. Our Dogs Publishing Co., 1901 (2) KB 564, and the Larceny Advertisements Act, 1870 (33 & 34 Vict. c. 65).
Persons advertising the treatment of, or any remedy for, venereal disease may be summarily proceeded against under the (English) Venereal Disease Act, 1917 (7 & 8 Geo. 5, c. 21).
As to defacing advertisements set up by local authorities, see (English) Public Health Acts Amendment Act, 1890 (c. 59), s. 48, and for advertising in streets by wearing fancy dress or to drive, etc., any animal or vehicle either wholly or partly for advertisement, see London Traffic (Miscellaneous Provisions) Consolidation Provisional Regulations, 13th April, 1934.
Persons affixing to walls, etc., any advertisements 'of any indecent or obscene nature' may be summarily proceeded against under the (English) Indecent Advertisements Act, 1889 (52 & 53 Vict. c. 18). Chit. Stat., tit. 'Criminal Law.'
The owner of land used for advertisements and not otherwise occupied is rateable, according to the value of such use, by virtue of the (English) Advertising Stations (Rating) Act, 1889 (52 & 53 Vict. c. 27).
See STOLEN GOODS; REWARD; LIBEL; SUBSTITUTED SERVICE; SKY SIGN; and as to contract by acceptance of advertised offer, see Carlill v. Carbolic Smoke Co., 1893 (1) QB 256.
By the (English) Health Resorts and Watering Places Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 48), powers are given to local authorities to levy a rate for the purpose of advertising the amenities of the district.
Includes any form of advertising whether to the public generally or to any section of the public or individually to selected persons. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2 (a)]
Includes any notice, circular, label, wrapper and other documents and also includes any visible representation or announcement made by means of any light sound, smoke or gas or by means of electronic transmission or by audio or visual transmission. [Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution Act, 1992 (41 of 1991), S. 2(1)(a)]
Includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas. [Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986), s. 2(a)]
To make publicly known an information by some device and to draw or attract attention of public/individual concerned to such information. It need not necessarily be to sell only or solely for commercial exploitation, Municipal Corporation of Greater Bombay v. Bharat Petroleum Corporation Ltd. (2002) 4 SCC 219 (227): AIR 2002 SC 1638. [Bombay Municipal Corporation Act (3 of 1988)]
Publicity and 'sales promotion' cannot always be confined to distinct and different concepts. Some aspects of one word would naturally overlap with the meaning attributed to the other word. No doubt in a commercial sense, the purpose of these activities is to gain goodwill and a market but the mode of achieving this object cannot be confined to the limited meaning attributed to them, Eskay YEF v. Commissioner of Income Tax, Karnataka, Bangalore, (2000) 6 SCC 451.
An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Art 19(1) which it seeks to aid by bringing it to the notice of the public, Hamdard Dawahkhana v. Union of India, AIR 1960 SC 554 (563): (1960) 2 SCR 671. [Drugs and Magic Remedies (Objectionable) Advertisements) Act, 1954, s. 2(a)]
'Advertisement' includes any visible representation by way of notice, circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas. [Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (34 of 2003), s. 3(a)]
Advertisement is a matter that draws attention of the public or segment of public to a product, service, person, organization or line of conduct in a manner calculated to promote or oppose directly or indirectly that product, service, person, organization or line of conduct intended to promote sale or use of product or range of products. An advertisement is an information that the producer provides about its products or services. An advertisement tries to get consumers to buy a product or services. An advertisement is generally of goods and services and is an information intended for the potential customer and not a mere display of the name of the company unless the same happens to be a trade mark or trade name, ICICI Bank v. Municipal Corpn. of Greater Bombay, (2005) 6 SCC 404.
Advertisement has acquired a narrower meaning than any form of public announcement and was usually applied to the display of material which promoted a product or service, Butter v. Derby Cities Council, (2006) 1 WLR 1346 (DB): (2005) EWHC 2835 (Admin).
Advertisement includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, show cards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or fils, or in any other way, and references to the publishing of advertisements are to be construed accordingly, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 180, Note 6, p. 241.
Means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke-gas, print, electronic medium, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents. [The Food Safety and Standards Act, 2006, s. 3(b)]
Advertisement includes any notice, circular, label, wrapper or any other document or visible representation or announcement made by means of any light, sound, smoke or gas or by means of electronic transmission or by audio or visual transmission. [The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, s. 2(a)