That applies to individuals, not companies. With groups like Facebook it is “always assume bad faith,” because it always is.
The definition of negligence is that it isn't malicious.
My point is that, if you ought to have done something, and you didn't, you're culpable. And I would certainly use the word "malice" (in the everyday sense, not in all legal contexts) to describe someone who knows they are cutting corners that might have damaging consequences, but cuts corners anyway. I think it's malicious to harm or endanger other people to make a buck.
don't let individuals off the hook just because they work for a particular company. if that company operates in bad faith, its employees do too.