The courts already distinguish "commercial speech" as a class of speech. Would we prevent all forms of commercial speech? What about a waiter asking you "would you like to try a rosé with that dish? It pairs very well together." Is that "advertising" that would need to be outlawed?
What about giving out free samples? Is that advertising, and thus should be illegal?
What about putting a sign up on your business that says the business name? Is that advertising?
I hate advertising and propaganda. But the hard part IMO is drawing the line. Where's the line?
The line is clear: is money being exchanged in order to promote a product? That's advertising.
Someone I know mentioning a product because they want to recommend it to me? Not advertising.
Giving out "free" samples? Presumably someone is being paid to do that, so advertising.
We can later quibble about edge cases and how to handle someone putting up a sign for their business. Many countries have regulations about visual noise, so that should be considered as well.
But it's pretty easy to distinguish advertising that seeks to manipulate, and putting a stop to that. Hell, we could start by surfacing the dark data broker market and banning it altogether. That alone should remove the most egregious cases of privacy abuse.
So that would exclude:
- listing your house, or car in the classifieds
- buying a sign for your business (ad discussed in other posts)
- buying a garage sale sign
- buying a for sale sign, or flyers for your house for sale
- paying a realtor to sell your house
- paying a reporter or professional reviewer to write a review. Even if they are paid by a newspaper/magazine/consumer report site, money exchanged hands for something that promotes a product.
- distributing a catalog
- paying a cloud provider or VPS provider or website hosting service to host a website that promotes your product
Also, what exactly constitutes a "product"? Does a service count? If not, that is a pretty big loophole. What about a job position? Or someone looking for employment?
And finally, advertisement in some form is kind of important for making customers aware your product exists. Word of mouth isn't very effective if you don't have any customers to begin with. I would expect removing all advertising to have a chilling effect on innovation and new businesses.
To be clear, I think the current advertising environment is terrible, and unhealthy, and needs to be fixed. But I think that removing all advertisement would have some negative ramifications, especially if the definition of an ad is too simplistic.
Listing a house for sale on an agent’s website: not advertising.
Promoting that listing or the agent on the home page of a local news site: advertising
etc…
Some cases will be harder, all are decidable. We are talking about law not code, so there’s no need for a perfect algorithm, the legal system is designed precisely to deal with these sorts of question.