Russell Simmonsis suing HBO and the film-makers of a 2020 documentary detailing allegations against the music mogul of sexual abuse, claiming that together they defamed him and ignored his version of events.
On The Record, directed by Amy Ziering and Kirby Dick, expanded on reporting by the New York Times, the Hollywood Reporter, the Los Angeles Times and other publications on numerous allegations against Simmons. It featured the testimony of several women who claim they were sexually assaulted by Simmons in the 1980s and 90s, when he was at the height of his influence as the co-founder of Def Jam Recordings, the hip-hop label behind LL Cool J, Public Enemy, the Beastie Boys and other top acts.
Simmons has consistently denied all allegations. He seeks $20m for defamation, alleging the film-makers “disregard[ed] and/or suppressed” information provided by his representatives, according to a summons filed in Manhattan court on Tuesday by Simmons’ lawyer, Imran Ansari.
“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 statement.
The suit comes after the statute of limitations for defamation in New York, which is one year from the date of first publication. To prevail, Simmons and his legal team will have to demonstrate thatHBOis liable for “republication” in international markets.
On the Record premiered to strong reviews at the Sundance film festival in January 2020. The film was initially supposed to stream on Apple TV+ as part of producer Oprah Winfrey’s deal with the company, but ended up at HBO Max that May after Winfrey abruptly withdrew her support ahead of the film’s premiere, citing unspecified “inconsistencies”. (Though no longer affiliated with the film, Winfrey continued to publicly support its subjects – “I stand with the women, I support the women, and I do hope that people see the film,” shetold CBSthat January).
Winfrey’s shock withdrawal from the project “blinded” the film-makers, who maintained that she was incorrect. “There are no inconsistencies,” Dicktoldthe Guardian in May 2020. “These stories were reported by the New York Times, the LA Times and the Hollywood Reporter and very extensively vetted.”
According to Simmons’ filing, he and his lawyers unsuccessfully lobbied HBO leaders at the time to stop distribution of the film with unspecified contradictory evidence. “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.
Simmons is one of several high-profile music figures, including fellow producerSean “Diddy” Combsand R&B singerChris Brown, to face multiple lawsuits for sexual misconduct, including from women who appeared in On the Record. He has also followed their footsteps in suing the distributors of documentaries detailing the allegations. Brown claimed defamation in a$500m suitagainst Warner Bros Discovery for releasing the 2024 documentaryChris Brown: A History of Violence, filed this past January. Diddy, who is currently on trial in New York for racketeering and sex trafficking, sued NBC Universal and its streaming service Peacock in February for Diddy: The Making of a Bad Boy, a 90-minute film on the allegations of sexual abuse made in over three dozen lawsuits.
Simmons wasmost recently suedin February 2024 by an anonymous former executive at Def Jam Recording, for an alleged rape in the 1990s and sexual harassment that “disrupted and derailed” her career. In 2023, he reached a confidential settlement with three women, including documentary participant Sil Lai Abrams, who alleged in the film that Simmons raped her in 1994.
In all, more than 20 women have accused Simmons of sexual assault. Ansari, his lawyer, works for Aidala, Bertuna & Kamins, a New York-based law firm that is currently representingHarvey Weinsteinin his criminal trial for sexual assault and misconduct. Simmons seeks “immediate removal” of the documentary from HBO’s platforms and $20m in damages.