Let's hope, then, that you do not choose to share violent, nude photos of yourself. For most people, though, I think this is an adequate (and, in my opinion, not too harsh) deterrent.
I think that the negative reaction is based on the lack of a check or balance. If I swipe a picture of you petting your puppy and call it a hate crime, and you get banned, what's the recourse?
What's to stop somebody like me from going album to album and flagging things?