"IMO you might have a case if you could prove that Matt or any other employee of ADVFN unfairly manipulated posts to allow only positive posts and not negative posts" I think you are right.
I think there are two points here-
1. whether Matt manipulated posting, either positive OR negative.
2. With TPC it is illegal to misuse the service - there are laws and TPC has NO role in filtering or deciding. As a matter of fact, they CAN NOT. They even need a court order to tap in except for maintence and repair. Because IH does filter and control content (even by the TOU) it acquires some responsibility. The TOU enforcement is SUBJECTIVE in many cases, which is why many posters object.
It is said IH has 30,000 posts a day and the few Admins can not possibly handle. I say it is the businesses responsibility to do an adequate job and should staff as necessary.
I also believe the TOU judgemnet is more about English than about stock. Perhaps IH should hire an outside independent company of out-of-work English profs to determine TOU violations. In this way, IH might kill two birds with one action. IH would no longer be involved in deletions and posters would have someone to explain the deletion and feel fairly treated by an independent group.
But what do I know?