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 candidate explanation included a claim about the Act applying to consumer opinions and reviews which is not supported by the official source material. The official summary clarifies this point but does not state that it still applies in these cases.

Amendment to the Uniform Public Expression Act

This amendment clarifies that certain types of legal actions are not covered by the Uniform Public Expression Act, but it still applies when these actions involve consumer opinions or reviews.

What This Bill Does

• Clarifies that the Act does not apply to legal actions brought by government units or their employees in an official capacity to enforce laws, regulations, or ordinances.
• Excludes from the Act legal actions based on common law fraud claims.
• Removes violations of Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code from the scope of the Act.
• Specifies that the Act still applies when these excluded actions involve consumer opinions, reviews, or ratings of businesses.

Who It Names or Affects

• Government units and their employees
• People involved in legal disputes based on common law fraud claims
• Individuals or entities violating Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code

Terms To Know

Uniform Public Expression Act

A law that protects certain forms of public expression and communication.

Common Law Fraud Claim

A legal claim based on the traditional principles of fraud, which involves deception or misrepresentation.

Limits and Unknowns

• The amendment does not specify how it will be enforced.
• It is unclear what specific changes this amendment makes to existing laws beyond clarifying exceptions to the Act.
• There are no details on who will oversee the implementation of these changes.

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.