The person who claims the defense of the truth of the publication must prove that the facts, published by him, were true. We will try to examine the facts mentioned in the first post, ignoring the derogatory epithets. No evidence was brought by the defendant that the plaintiff "screamed" at the defendant or at the defendant's daughter. Nor was it proven that the plaintiff threatened the defendant that if the defendant's daughter ate in the taxi, he would drop her off halfway.
According to the defendant, a witness to the incident was an assistant on behalf of the local authority, who was in charge of accompanying the defendant's daughter (p. 22 of the transcript, lines 27-29). Quite strangely, this assistant was not brought to testify. Her testimony was sufficient to support the defendant's claims regarding the circumstances of the incident at the heart of the matter here. Since this assistant was not brought to testify, we are left with the parties' versions of the circumstances of the incident confronting each other, and when the publication itself is not in dispute. Therefore, it must be determined that the defendant did not meet the burden imposed on it and did not prove that what was stated in the publication was true.
- Following the same publication, another post of the same post was published on another Facebook page, but this time in a censored version without profanity. Everything that has been said about the previous publication is also true in relation to this publication. The problem is that this is not a publication made by the defendant herself, but rather someone else, who is not a party to this case, copied the defendant's post and published it on his Facebook page. Therefore, it cannot be said that this is another publication of defamation, which was made by the defendant.
- On November 2, 2019, the defendant published another post, in which it was stated:
"Remember when you drive a taxi? The one who yelled at me, among other things, that he wasn't worth the money, the dirt that my autistic girl does to him in Mercedes. Went whining to Facebook which removed this important post. Luckily for me, my memory can't be darkened or erased. Also the contempt I feel for people like you, David. But this God (if there exists) is stronger than any Facebook post. He sees everything, even what you bothered to delete. I hope that you will be forgiven in heaven, because here on earth I have no forgiveness,