SDCL § 15-40-2: Scope--Exclusions.

The provisions of this chapter do not apply to a cause of action asserted:

(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, rule, regulation, or ordinance to protect against an imminent threat to public health or safety; or

(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 or lack of communication related to the person's sale or lease of the goods or services.

For purposes of this section, "goods or services" does not include the advertisement, creation, dissemination, exhibition or similar promotion of an artistic, dramatic, journalistic, literary, musical, or political work.