That's not the legal definition for defamation purposes.
New York Times v. Sullivan, 376 U.S. 254 (1964)
A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.There is nothing in there about intending harm.
They *knew* the statement was false, the evidence being the two employees admitted they edited the original tape to make him appear racist. NBC fired them and apologized. The evidence is overwhelming the two employees acted out of malice. What this bitch is doing is using the excuse that NBC is separate from the two employees so malice cannot be proved which is baloney.
http://www.superpages.com/supertips/malice.html
Thanks. That voids hope for legislative improvement of libel laws (short of an Amendment or the repeal of one).