I don't think it has to do with malicious intent. It has to do with whether it serves the good of the public to know the information. If I distribute pamphlets

I don't think it has to do with malicious intent. It has to do with whether it serves the good of the public to know the information. If I distribute pamphlets that say "John Smith is gay", even if true, its libel because it isn't information that serves the public's interest. If, however, I distribute pamphlets that say "Smith Jones is a convicted pedophile", then I'm on much safer footing (assuming it's true) because it can (and has) been argued that such information does serve public interest.