The Sun stands by its 3DS claims

UK national newspaper The Sun has told MCV that it stands by its reporting of the consumer reaction to the 3DS.

This morning MCV labelled its latest story, entitled ‘Nintendo 3DS is game for a barf’, as indicative of a vendetta against the platform holder – an accusation The Sun has strongly denied.

The Sun decided to investigate this issue after receiving an unusually high levels of calls and emails from readers relating to side effects of the Nintendo 3DS," consumer editor Jane Hamilton told MCV.

As Nintendo has admitted, there are a small minority of people who will find it difficult to use the product. This has led Nintendo to issue guidance that the console is not suitable for the under sevens, and that even adult players should not play it for longer than 30 minutes.

The majority of people will be able to use the console without issue. But the story is about what happens to the minority who cannot use it. Current consumer law makes no provision for them.

Technology has advanced far more quickly than consumer law and there is no redress for buyers who want to return the console as – through no fault of their own – they cannot use it. Currently they are being told by Nintendo and retailers there are no grounds to return it under current laws as the console is not faulty. For our readers, this is a problem as paying out 200 for an item you cannot use is not acceptable."

Hamilton added that The Sun has historically been very supportive of Nintendo, drawing reference to the conclusion of a small column piece in today’s edition.

Over the years The Sun has reported on many of Nintendo’s successes with positive stories about their products – and this week has even reported claims by some users that the 3DS has improved their eyesight," she added.

However, we must also represent the position of our readers who are currently experiencing problems with their products – which will inevitably reflect badly on Nintendo. We acknowledge that this debate isn’t solely about Nintendo and it is unlikely the issue will be unique to them.

On this basis it would be prudent for any company encountering this to accept there is a problem for some buyers, and put in place a sensible refund policy. That’s all our readers are asking for – and we support that.”

The Sun also stands by its claims that retailers are experiencing "record return levels" for the device. This morning MCV labelled this as inaccurate – a claim that all the industry and retail sources who we have contacted corroborate.

The Sun did not remove its claim that retailers had seen a record level of returns from the online version of the article, as reported by some media," Hamilton outlined. "The only change made to the article was to update and clarify GAME and HMV’s return policies around this issue.

"Both companies requested this update to fully reflect the different packages that they are now giving to gamers wishing to return the consoles. This was done with the co-operation of both retailers and neither requested the removal of the record return levels wording.”

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