Actually, the statements need not be made with intent to harm. They just need to be false. And if you are a private citizen (as opposed to the press), you can be held liable for negligence.

The word "malice," as it is used in libel law, particularlly with the media, means "knowledge of falsity or reckless disregard as to whether the statement was true or not." You will find many court decisions where supreme court justices are confused as to just what legal "malice" is.

For another example: A man's wife is terminally ill and she is in great pain. Because he loves her so much, and perhaps even to fufill a promose to her, he ends her life to put her out of her misery. He has committed murder or manslaughter, with "malice," the malice indicating that he understood the nature of his actions.