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Perhaps, but this sort of thing is a part of the problem: the law itself is written vaguely enough that Ofcom could at any time change their interpretation and decide that previously out-of-scope communities are now in-scope, and go after them.

It's just a variation of selective enforcement.

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Laws in general tend to leave a bit of room for interpretation, and then those are to be cemented in specific contexts/scenarios by precedents, that's how I understand many systems of law at at least, maybe it works differently where Libera.chat and Ofcom are based.

I think its more about the degree.

Some level of flexibility makes sense. That leaves room to enforce the intent instead of the technicalities.

However if its too broad, then you've basically thrown away rule of law. If everyone is arguably in violation but a government official decides who to enforce, esentially you just have justice by decree.

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