Don't immediately believe what you read on Hacker News, certainly not to the point where you'd jump to such a significant conclusion over it.
ChatGPT is simply inconsistent about enforcing rules. Sometimes you ask it to generate an image and it says no, and then you ask it again in a slightly different way and it happily does it for you. One time I asked it to generate an image for me and it told me "I can't generate an image of Elon Musk but I can generate an image of someone who looks like Elon Musk. Let me know if you'd like me to do that instead", and the generated image looked exactly like Elon Musk.
ChatGPT is simply inconsistent about enforcing rules. Sometimes you ask it to generate an image and it says no, and then you ask it again in a slightly different way and it happily does it for you. One time I asked it to generate an image for me and it told me "I can't generate an image of Elon Musk but I can generate an image of someone who looks like Elon Musk. Let me know if you'd like me to do that instead", and the generated image looked exactly like Elon Musk.