Five years after its initial airing, the controversial HBO documentary On the Record, which featured over 20 women recounting allegations of abuse against Def Jam founder Russell Simmons, is once again in the spotlight. This time, however, the tables have turned, with Simmons himself initiating a $20 million defamation lawsuit against HBO and the filmmakers behind the project.
Simmons’ legal team recently filed a summons in civil court in Manhattan. The lawsuit alleges that filmmakers Amy Ziering and Kirby Dick, along with HBO Max, disregarded and/or suppressed crucial information provided by Simmons’ representatives that would have supported his defense.
Simmons’ lawyer, Imran Ansari, along with co-counsel Carla DiMare, issued a statement asserting, “Despite voluminous support for Mr. Simmons in the form of credible information, persuasive evidence, witness statements, and calls for further investigation by notable members of the media, politics, and the civil rights movement, the defendants simply disregarded it, and released, and continue to re-release globally, a film that tremendously disparaged and damaged Mr. Simmons with salacious and defamatory accusations that he vehemently denies.”
On the Record, distributed by HBO Max in 2020, centered on multiple allegations of sexual assault and misconduct leveled against the hip-hop mogul. The documentary garnered significant attention and sparked widespread discussion upon its release.
In response to the lawsuit, Warner Bros. Discovery, the parent company of HBO, has staunchly defended the documentary and its creators. A WBD spokesperson stated, “We dispute Mr. Simmons’ allegations, stand by the filmmakers and their process, and will vigorously defend ourselves against these unfounded allegations.”
The legal battle faces a hurdle regarding the statute of limitations for defamation actions in New York, which is one year from the date of first publication. To prevail, Simmons’ lawsuit will need to demonstrate that HBO is liable for more recent “republication” of the documentary in international markets, thereby extending the window for legal action.
This lawsuit reopens a sensitive and highly public chapter in the ongoing narrative surrounding Russell Simmons and the allegations against him, bringing renewed scrutiny to the creation and distribution of the documentary.