What the article and some of the comments are missing is one of the reasons behind applying the penalties. The prevention.

Chatbots, no matter how much autonomy of action they possess, can’t die, or spend the majority of their life in prison, or lose their wealth, or face social ostracism for their action, and thus punishing them is pointless for preventing further crimes or dissuading others.

Sometimes what’s important isn’t what feels just, but what, with certain limitations, creates a safer and more responsible society.

The end-user behind the bot is the easiest to reach, and the easiest to prove their involvement, intention or lack if thereof, and thus should be judged