Five years after the release of the HBO documentary “On the Record,” music mogul Russell Simmons has filed a $20 million lawsuit against HBO and the filmmakers behind the project, alleging defamation and the suppression of evidence that supports his innocence.
The documentary, directed by Amy Ziering and Kirby Dick, was released on HBO Max in 2020 and featured allegations of sexual assault and misconduct against Simmons from more than 20 women. At the center of the film is the account of music executive Drew Dixon, who accused Simmons of rape during her time at Def Jam.
Simmons has consistently denied all allegations against him. In the lawsuit filed in Manhattan Civil Court earlier this week, Simmons claims the documentary intentionally disregarded or omitted evidence that contradicted the accusations. His attorneys, Imran Ansari and Carla DiMare, stated that the film “tremendously disparaged and damaged Mr. Simmons with salacious and defamatory accusations that he vehemently denies.”
The legal filing also asserts that Simmons’ team provided the filmmakers with “credible information, persuasive evidence, witness statements, and calls for further investigation” that were not included in the final version of the documentary. His legal team argues that HBO and the filmmakers failed to meet journalistic standards of fairness and objectivity.
In response, HBO’s parent company, Warner Bros. Discovery, issued a statement disputing Simmons’ claims. “We dispute Mr. Simmons’ allegations, stand by the filmmakers and their process, and will vigorously defend ourselves against these unfounded allegations,” the company said.
Given that the statute of limitations for defamation claims in New York is one year from the date of original publication, Simmons’ case hinges on the concept of “republication”—the idea that the film’s continued availability and distribution in international markets constitutes an ongoing act of defamation.
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