I would suggest that they are using the wrong type of diagram to represent the data that they have. Clearly its messed up because of labelling. If the data is such that labelling causes misrepresentation, it has to be the wrong diagram.
The whole point of these diagrams is that one can look at it and immediately get a feel for the proportions dictated by the data. If is look like a third, it should be a third. If you have to change that, then its the wrong diagram. Or a deliberate attempt to misrepresent.
I'm betting that some one wanted to use the new funky type of diagram because its new and funky, instead of an appropriate one.
The whole point of these diagrams is that one can look at it and immediately get a feel for the proportions dictated by the data. If is look like a third, it should be a third. If you have to change that, then its the wrong diagram. Or a deliberate attempt to misrepresent.
I'm betting that some one wanted to use the new funky type of diagram because its new and funky, instead of an appropriate one.