I completely agree.
The real problem is that platforms can make users agree to whatever they want. Obviously, someone who wants to upload content will agree to the terms of use, so a much tougher approach is definitely needed.
I've been seeing these kinds of cases for 20 years now, so I don't think relying on the industry to hold companies accountable is the way to go. Things are at the point now where a bit more coercion is needed.
I would like to say something else, if I may. The focus is on one company, in particular, but when I started in the field 20 years ago, it was a different company doing this very thing. It hasn't stopped. The company in question today is most likely in the wrong, but the entire industry needs a hard look.
Consideration has to be given to everything that's happening, and especially to victims, who are left to fend for themselves.
My apologies if I went on too long.