On the other hand, from the evidence presented in the filing I would guess Facebook didn't act with deliberate malice; some automated or sound-bite-level manual system caught a bit of the video that did make a false statement and hit the label button. (I haven't seen the original video, but from what I have read I don't think it could be done without a "some people believe X but they're wrong" style statement, X being the false statement.)

So the question is, does Facebook's gross incompetence at fact-checking satisfy the negligence part of the malice definition?