When rules are vague enough you can pretty much always find a rule someone is 'breaking' depending on how you argue it.
It's why countries don't just have a single law that says "don't be evil".
<https://en.wikipedia.org/wiki/Precedent>
The equivalent doctrine under a civil legal system (most of mainland Europe) is jurisprudence constante, in which "if a court has adjudicated a consistent line of cases that arrive at the same holdings using sound reasoning, then the previous decisions are highly persuasive but not controlling on issues of law" (from above Wikipedia link). See:
<https://en.wikipedia.org/wiki/Jurisprudence_constante>
Interestingly, neither the principle of Judicial Review (in which laws may be voided by US courts) or stare decisis are grounded in either the US Constitution or specific legislation. The first emerged from Marbury v. Madison (1803), heard by the US Supreme Court (<https://en.wikipedia.org/wiki/Marbury_v._Madison>), and the second is simply grounded in legal tradition, though dating to the British legal system. Both could be voided, possibly through legislation, definitely by Constitutional amendment. Or through further legal decisions by the courts themselves.
This is different, it is intentionally ambiguous precisely so bureaucrats get to choose winners and losers instead of consumers.
I'm not saying legislation is a good solution but you seem to be making a poetic plea that benefits the abusers.
Only if you believe everyone else has no agency of their own. I think most people outgrow these things once they have something more interesting in their lives. Or once they're just bored.
Back when this thing was new, everyone was posting pictures of every food item they try, every place they've been to etc.. that seems to slowly change to now where there are a lot more passive consumers compared to a few polished producers.
If you're calling people delivering the content "abusers", what would you call people creating the content for the same machine?
But I do believe we overestimate our own agency. Or more importantly society is often structured on the assumption that we have more agency then we actually do.
And companies should not be allowed to predate on the vulnerable.