The way I see it, Kobe does the exaggerated swing through to try and draw the fould at least 5-10 times per game. 99.9% of the time it is when he and the defender are facing each other and Kobe rotates the ball below his waist and then up and through for the jumper. The defender often reaches in, Kobe flails his arms in exaggeration and he sometimes gets the call. Since the player is in front him typically, there's minimal contact, if any, and it's no biggie.
Now, we've seen twice where this play happens but the player going for the block is coming from a side angle. In these instances Kobe goes for the exaggerated swing through and blamo, knock's the opponent in the head/face area. I don't see this as a malicious, or dirty hit like some of you. That said, it's starting to be a problem since it's now happened twice in a matter of months, the league is obviously trying to nip it in the bud and that really all there is to it, IMO.