Delaware § 6002 - Scope.

§ 6002. Scope.

(a) In this section:

(1) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(2) “Governmental unit” means a public corporation or government or governmental subdivision, agency, or instrumentality.

(3) “Person” means an individual, estate, business or nonprofit entity, governmental unit, or other legal entity.

(b) Except as otherwise provided in subsection (c) of this section, this chapter applies to a cause of action asserted in a civil action against a person based on the person’s:

(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Delaware’s Constitution, on a matter of public concern.

(c) Except as provided in subsection (d) of this section, this chapter does not apply to a cause of action:

(1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance;

(3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person’s sale or lease of the goods or services;

(4) Based on a common law fraud claim; or

(5) Alleging a violation of either subchapter II or III of Chapter 25 of Title 6.

(d) This chapter applies to a cause of action asserted under paragraph (c)(3), (4), or (5) of this section when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.

85 Del. Laws, c. 217, § 1;