They need to stop the noise differential more than worry about discrimination.
The loudness of adverts to the programme you are watching is huge. You can be watching a program at a comfortable level and when the adverts come I fear for my cheap speakers safety. It is enough to wake the kids at times.
I don't mind different channels at different levels because you can adjust if you switch but on a channel everything should be output at the same level. None of this your allowed to be 10% louder (not sure on the exact figure) because that makes it easy for them to crank it up. And then just get a slap on the wrist when (not if) they crank it up louder than they are supposed to because they have received a backhander.
Yes, I use a PVR and fast forward through most adverts but you still get the initial noise when they start the adverts where you are not expecting.