Read the history of that item of the ToS again for an explanation of why it's there, and why something of that sort has to remain. Referencing another poster is NOT allowed as a rule. Whether the rule will be strictly applied will depend on the moderator's reading of the individual case, but the rule has to be there, and it has to apply by default.
If you wish the rule to be removed, refer to the history of the rule, and explain why it's not longer needed. If you can't explain how the situation now means the rule is no longer necessary, it's staying.