I'll agree that when I used the word Totalitarianism it may be a quite a bit to strong, but none the less the decision should be made before everyone with their input; ultimately leaving it for Moka to decide.
There are levels of discipline which could be implemented. For example say that a member spams in a certain subforum. After his second warning move him into another group which does not have the ability to post in that subforum for a while instead of an outright ban.
So another words:
Member 1 creates spam topic.
Mod warns Member 1.
Member 1 creates another spam topic.
Mod warns Member 1 and moves him into a new usergroup that does not have the ability to post in the section in which he spammed.
Mod deems an appropriate time in which he would not be allowed to post in that section.
After that time he is allowed to post in that section again. Follow?