Russell Simmons is suing HBO and the filmmakers behind the “On the Record” documentary for $20 million, alleging they defamed him and ignored evidence that supported his version of events.
The documentary, by Amy Ziering and Kirby Dick, centered on sexual assault and misconduct allegations against the hip-hop mogul from numerous women. It was distributed by HBO Max in 2020.
Simmons’ lawyer, Imran Ansari, filed a summons in civil court in Manhattan on Tuesday, alleging that the filmmakers “disregard and/or suppressed” information provided by Simmons’ representatives.
“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,” Ansari and co-counsel Carla DiMare said in a written statement.
In response, HBO parent company Warner Bros. Discovery denied the allegations.
“We dispute Mr. Simmons’ allegations, stand by the filmmakers and their process, and will vigorously defend ourselves against these unfounded allegations,” a WBD spokesperson said.
The statute of limitations for defamation actions in New York is one year from the date of first publication. To prevail, Simmons will have to show that HBO is liable for more recent “republication” in international markets.
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The film debuted at the Sundance Film Festival in January 2020, and was initially intended for Apple TV+ as part of Oprah Winfrey’s deal with the streamer. However, Winfrey withdrew from the project, and the film ended up at HBO Max.
According to the filing, Simmons’ representatives lobbied HBO leaders at the time, including Casey Bloys and WarnerMedia CEO John Stankey, to no avail.
“Defendants were requested to review this evidence and information by multiple luminaries in media and politics, including but not limited to, civil rights leaders and members of Congress, and other high-profile black leaders; and board members within the Defendant corporation(s) itself,” the filing states.
The filing seeks “immediate removal” of the documentary from HBO’s platforms, as well as at least $20 million in damages.
Simmons has faced several sexual misconduct lawsuits, including from some of those who appeared in the documentary. In November 2023, he reached a confidential settlement with Sil Lai Abrams, who was among those interviewed, for $1,265,000, according to a court filing last year.
In all, more than 20 women have accused him of sexual assault.
Ansari is a partner at Aidala, Bertuna & Kamins, the New York law firm currently representing Harvey Weinstein in his criminal retrial.
From Variety US