Yes, you can. You would be wrong, though.

Malicious compliance is usually intentional, yk?

Nope. We can blame companies for deliberately implementing the requirements in the most inconvenient (and usually actually non-compliant) way possible, to make it an unpleasant process to disagree, and all too easy to accidentally agree, to being stalked by hundreds of "partners".

You can blame anyone, really, but try to think about it this way: when a 5-years old child drives a car into a wall, you don't blame him, you blame the responsible adult in the passenger sit that says: "it's fine, go ahead, drive this car".

Or we can blame the literal scammers and other degenerates that lead businesses and have forced jurisdictions like the EU to implement these?

We've JUST unearthed yet another scandal from Meta, where they've been, surprise surprise, spying on people on Android. Cambridge Analytica, Yemen and countless other examples, all from this 1 company. And we're blaming the EU for trying to do anything against them, and not scumbags like Zuckerberg?