Actually I disagree, I don't think the problem is to differentiate that. For example there are very clear rules about not using phones in some places. It's very effectively enforced on planes but it's rarely enforced on trains and busses. It's because you have a crew that is tasked with enforcing it on a plane and there's a clear punishment for not obeying them (you leave the plane). We don't have a problem with people being removed from planes for "perceived annoyance". On trains and busses we don't have a crew that removes annoying people so it's up to other passengers to complain. People don't do this to avoid confrontations and escalating things so trains and busses are full of assholes talking on their phones or watching Instagram with speakers on full volume. The rule is there, it's just not enforced because it's not considered important enough for the state to enforce it and assholes take advantage of that. The exact same thing happens with motorbikes breaking noise limits. The laws are there, they are just not enforced because it's difficult and police has other things to do. There's also no risk of the punishment becoming to cruel. State managed to effectively punish people for driving offenses, for not picking up your dog's shit or for littering. Other anti social behaviors can also be enforced like that, we just don't care about them enough.