Again, consider my example about YouTube - it's not illegal for Google to put pornography on YouTube. They still moderate it out though, not because they want to "censor" their users but because amateur porn is a liability nightmare to moderate. Similarly, I don't think ChatGPT's limitations qualify as censorship.
Of course the market being extremely concentrated and effectively an oligopoly even in the best case does shine a somewhat different light on it. Until/unless open models catch up both quality and accessibility wise.