Is it defamation to call someone a scammer online after a bad deal?

You paid for something that never arrived, or a deal went sour and the other side stopped answering. Angry, you post: "Beware, this person is a scammer!" Now you receive a letter of demand. This guide explains the risk, and safer ways to warn others and get your money back.

Why "scammer" is risky

Words are read in their natural and ordinary meaning. To most readers, "scammer" or "penipu" means a person who deliberately cheats others, usually to take their money. That is an allegation of dishonesty, and often of a crime: cheating is an offence under the Penal Code (s.415, punishable under s.417 and, where property is delivered, s.420).

A person who simply failed to perform a contract, delivered late, or delivered poor goods may have breached the contract, but that does not necessarily make them a scammer.

Defence 1: justification

If you can prove the allegation is substantially true, justification is a full defence. Where words contain several charges, the defence does not fail just because every charge is not proved, if the unproved ones do not materially injure reputation having regard to those proved (Defamation Act 1957, s.8).

Evidence that would help includes a pattern of identical complaints from other buyers, fake addresses or identities, payment to a mule account, or a conviction.

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Defence 2: fair comment

Fair comment protects honest opinion on facts that are proved (s.9). "In my opinion this seller cannot be trusted" after setting out true facts is more defensible than a bare factual label. But calling someone a scammer often reads as a statement of fact, not opinion, and the comment must be one an honest person could hold on the proved facts.

The risk of overstating

The danger increases when posts:

• add unproven claims ("he's done this to hundreds of people");
• include personal details or photos of family;
• are posted in many groups, or tag the person's employer; or
• continue after the person has refunded or offered to.

Safer ways to warn and recover

• State the facts plainly: "I paid RM X on [date] for Y. It has not been delivered, and messages since [date] have not been answered."
• Report: lodge a police report if you believe you were cheated. For online fraud involving a recent transfer, the National Scam Response Centre can be reached at 997.
• Claim your money: send a letter of demand; for consumer purchases, consider the Tribunal for Consumer Claims; otherwise, a civil claim.

What should I do first?

1. Edit or remove labels you cannot prove, keeping a copy of the original.
2. Collect evidence: payment proof, chats, listing and seller details.
3. Report to the police or 997 if fraud is suspected.
4. Send a demand for refund or delivery.
5. Respond carefully to any letter of demand you receive.

Example

A buyer pays a deposit for a used car, and the seller then sells it to someone else and delays the refund. The buyer posts "SCAMMER, avoid!" in five car groups. The seller refunds two weeks later and sues. The buyer would have to prove dishonesty from the start, which the evidence does not clearly show. A factual post about the delayed refund would have carried far less risk.

Common mistakes

• Treating breach of contract as proof of a scam.
• Posting in anger before checking the facts.
• Keeping the post up after a refund.
• Ignoring the letter of demand.

When to speak to a lawyer

Speak to a lawyer if you have received a demand over a "scammer" post, or if you are the one being called a scammer. See our defamation page; you can also contact us.

Frequently asked questions

What if the person really is a scammer?

Then justification may be available, but you must prove it with evidence. Reporting to the police and NSRC is still the safer first step.

Can I post a screenshot of our chat?

Accurate screenshots of facts carry less risk than labels, but captions and selective edits can still convey a defamatory meaning. Remove personal details.

I am being called a scammer. What can I do?

Capture the posts, consider a letter of demand, and see our guides on defamation first steps and time limits.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Consumer Protection Act 1999 (Act 599), AGC Laws of Malaysia
4. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
5. Tribunal for Consumer Claims Malaysia (TTPM, KPDN): jurisdiction (claims up to RM50,000; within three years; exclusions)
6. Government of Malaysia portal, NSRC 997 Hotline (National Scam Response Centre)

Fact-checked on 17 Oct 2026