Russell Simmons is suing HBO for defamation over a 2020 documentary focused on the sexual assault allegations against him, claiming the film disregarded evidence in his favor — including “CIA-grade polygraph results” and Oprah Winfrey’s withdrawal from the project.
In a complaint filed Tuesday (June 3) in Manhattan court, attorneys for Simmons say the movie On The Record defamed him by ignoring key information — including from over 20 witnesses — that would have “refuted and rebutted” the allegations that were “falsely made against plaintiff in the film.”
“The evidence and information were made available to defendants, including then CEO of WarnerMedia John Stankey, Chairman and CEO of HBO and Max Content, Casey Bloys,” the star’s lawyers write. “However, the Defendants disregarded and/or suppressed said materials.”
Spokespeople for HBO and parent company Warner Bros. Discovery did not immediately return a request for comment Wednesday (June 4).
Simmons, who founded Def Jam Recordings in 1984 and later built a formidable hip-hop empire, has faced a slew of abuse allegations since 2017 — first in an investigative article by the New York Times, then in the HBO doc. The film, directed by Kirby Dick and Amy Ziering, centered on claims made by Drew Dixon, a former A&R at Def Jam who says Simmons raped her, but also featured interviews with several other alleged victims.
In his complaint, Simmons says he provided HBO and the filmmakers with ample evidence that was “supportive and favorable” to him and would have countered those allegations. And he says the network was urged to consider that info by “luminaries in media and politics,” including “civil rights leaders and members of Congress.”
Simmons says the favorable evidence included “nine consecutive credible and favorable CIA-grade polygraph results” — presumably tests taken by him about the accusations. He also says HBO ignored the fact that Winfrey, the movie’s original executive producer, had withdrawn her support after “publicly noting inconsistencies in the accusations.”
“Defendants willfully, and/or recklessly, disregarded and suppressed said information and evidence, and published, and continue to republish defamatory content,” attorneys for Simmons wrote.
The lawsuit could face procedural challenges. The statute of limitations for libel lawsuits in New York is one year, a limit that has clearly lapsed for a movie released in 2020. Simmons’ lawyers will likely argue that he has continued to be defamed by new re-issues of the documentary, particularly in foreign markets.
The new case is a role reversal for Simmons, who has already been on the receiving end of a defamation lawsuit from Dixon over claims that he defamed her by suggesting during a podcast interview that she was lying about her allegations. He’s also facing a sexual assault lawsuit from another unnamed alleged victim.
