If a program does as it states and allows people to consent to its effect on them it isn't malware. I don't see how they can class it as such in good faith.
Forbes was running malware ads at least once in the last year iirc. Additionally, most places have ads from an ad network so it isn't like they are specifically choosing ok ads or anything. While porn and pirate sites have some of the worse ads, that doesn't make the rest of the ads much better.