Montana § 27-34-102 - Scope -- Definitions

§ 27-34-102. Scope -- Definitions

Scope -- definitions. (1) Except as otherwise provided in subsection (2), this chapter applies to a claim for relief asserted in a civil action against a person based on the person's: (a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (c) 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 the Montana constitution, on a matter of public concern. (2) This chapter does not apply to a claim for relief asserted: (a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (c) against a person primarily engaged in the business of selling or leasing goods or services if the claim for relief arises out of a communication related to the person's sale or lease of the goods or services. (3) As used in this section, the following definitions apply: (a) "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. (b) "Governmental unit" means a public corporation or government or governmental subdivision, agency, or instrumentality. (c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.