This Amendment clarifies that the Uniform Public Expression Act ("Act") does not apply to a cause of action: (1) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce any law, regulation, or ordinance; (2) Based on a common law fraud claim; or (3) Alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.

Plain English Breakdown

The effective date is not provided in the source material.

Amendment Clarifying Exceptions for the Uniform Public Expression Act

This amendment lists specific types of legal cases where the Uniform Public Expression Act does not apply, except when those cases involve consumer reviews or opinions.

What This Bill Does

• Removes protection from lawsuits filed by government units to enforce laws, regulations, or ordinances.
• Excludes common law fraud claims from the coverage of the Uniform Public Expression Act.
• Excludes legal actions alleging violations of Subchapter II or III of Chapter 25 in Title 6 of the Delaware Code.
• States that the Act still applies to these excluded cases if they involve communication about consumer opinions, complaints, reviews, or ratings.

Who It Names or Affects

• Government units and their employees acting in an official capacity
• People filing lawsuits based on common law fraud claims
• Individuals involved in legal actions regarding violations of specific parts of the Delaware Code

Terms To Know

Uniform Public Expression Act

A state law that protects people from lawsuits related to their public speech and opinions.

Common law fraud claim

A legal case based on lying or deception, as defined by court decisions rather than a specific written statute.

Cause of action

The set of facts that gives someone the right to ask for help from a judge in a lawsuit.

Limits and Unknowns

• The official text does not list an effective date for when this change begins.
• The amendment relies on existing definitions within Title 6 and Chapter 25 of the Delaware Code, which are not fully explained in this document.

Official Summary Text

This Amendment clarifies that the Uniform Public Expression Act ("Act") does not apply to a cause of action:
(1) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce any law, regulation, or ordinance;
(2) Based on a common law fraud claim; or
(3) Alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.

However, the Act does apply to such actions 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.

This Amendment is substantively similar to House Amendment No. 1 to Senate Bill No. 80; however, it makes necessary technical corrections to citations and to include a citation to § 6002(d) of Title 6, created by this Amendment, in § 6007(a)(1) of Title 6.

Current Bill Text

Page 1 of 1
DLS : MJC : CM
4801530119
Draft: 06/25/2025 12:24 PM
SPONSOR: Rep. Burns
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 2
TO
SENATE BILL NO. 80
1 AMEND Senate Bill No. 80 on line 20 by deleting “This” as it appears therein and inserting in lieu thereof “Except
2 as provided in subsection (d) of this section, this”.
3 FURTHER AMEND Senate Bill No. 80 on line 20 by deleting “action asserted:” as it appears therein and inserting
4 in lieu thereof “action:”.
5 FURTHER AMEND Senate Bill No. 80 on line 24 by deleting “law to protect against an imminent threat to public
6 health or safety; or” as it appears therein and inserting in lieu thereof “law, regulation, or ordinance;”.
7 FURTHER AMEND Senate Bill No. 80 on line 26 by deleting “services.” as it appears therein and inserting in lieu
8 thereof “services;”.
9 FURTHER AMEND Senate Bill No. 80 after line 26 and before line 27 by inserting the following:
10 “(4) Based on a common law fraud claim; or
11 (5) Alleging a violation of either Subchapter II or III of Chapter 25 of Title 6.
12 (d) This chapter applies to a cause of action asserted under paragraph (c)(3), (4), or (5) of this section when the cause
13 of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of
14 consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.”.
15 FURTHER AMEND Senate Bill No. 80 on line 69 by deleting “§ 6002(b)” and inserting in lieu thereof “§ 6002(b)
16 or (d)”.
SYNOPSIS
This Amendment clarifies that the Uniform Public Expression Act ("Act") does not apply to a cause of action:
(1) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce
any law, regulation, or ordinance;
(2) Based on a common law fraud claim; or
(3) Alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.
However, the Act does apply to such actions 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.
This Amendment is substantively similar to House Amendment No. 1 to Senate Bill No. 80; however, it makes
necessary technical corrections to citations and to include a citation to § 6002(d) of Title 6, created by this Amendment, in §
6007(a)(1) of Title 6.