I agree. There's a difference between an untrue statement and a lie, in that a lie is intentionally deceitful (ie the speaker knows it's not telling the truth). ChatGPT doesn't have intentions, so I think it's misrepresenting reality to say that it's "lying". The same way a book doesn't lie, the author lies through the book, the creators of ChatGPT are lying about its capabilities when they program it to avoid outputting things they know it can, and instead output "sorry, I'm a language model and I can't do that"
This entirely depends on how it was programmed. Was it programmed to give a false response because the programmer didn't like the truth? Then it lies. Or is ChatGPT just in early stages and it makes mistakes and gets things wrong?
While ChatGPT "doesn't' have intentions", it's programmers certainly do. If the programmers made it deceitful intentionally, then the program can "lie".