There are varying levels of moderation, and not all moderation is unpaid volunteer like lemmy and reddit. Not all moderation is just morons fighting or porn being posted where it shouldn’t. There are dedicated moderation teams that handle the worst things like child sexual abuse verification and reporting at sites like Facebook, etc. Those are pretty objective based determinations that don’t need to handle moderation criticism or concerns in any way shape or form.
Oh it’s simpler than that. They just go around the requirement via loopholes in the agreements. They know they’re required to give priority, so they just make the freight trains too long to fit on the side track on those routes. So if there’s a conflict, the freight train physically cannot get out of the way and the passenger one has to.