Warner Bros. Discovery has been sued by Russell Simmons, who alleges that the filmmakers behind On the Record defamed him by turning a blind eye to evidence disputing accusations that he sexually assaulted women in his orbit.
In a lawsuit filed in New York state court on Tuesday, Simmons brings claims for defamation, invasion of privacy and false advertising, among others. He seeks $20 million and a court order that would force WBD to remove the title from its platforms.
On the Record tells the stories of Simmons’ accusers — including former Def Jam executive Drew Dixon, domestic violence awareness activist Sil Lai Abrams and screenwriter Jenny Lumet — as they decide to go public with allegations of sexual assault. It was produced by Oscar-nominated directors Kirby Dick and Amy Ziering via their production banner Jane Doe Films, all of whom are named in the complaint, with Dan Cogan for Impact Partners.
A distribution deal with Apple TV+ was severed when Oprah Winfrey publicly announced that she was pulling out as executive producer, citing creative differences with the filmmakers. It was later picked up by HBO Max as its first-ever festival acquisition.
In Tuesday’s complaint, Simmons alleges that the filmmakers intentionally ignored information, including interviews from over 20 witnesses across media and politics, that challenged their narrative that the music mogul assaulted and harassed various women. The evidence was presented to John Stankey, then-CEO of Warner Media, and Casey Bloys, chairman and CEO of HBO and Max Content, both of whom disregarded the materials, the lawsuit says.
WBD and the documentary’s producers additionally ignored ignored nine polygraph tests, as well as other information that “would have been discovered with due diligence and adherence to accepted journalistic standards,” writes Imran Ansari, a lawyer from Simmons, in the complaint.
Also at issue: Apple withdrawing from distributing the documentary and certain media outlets, including CNN, the New York Post and MSNBC, declining to cover the allegedly defamatory content.
The majority of the title follows Dixon, who last year filed a defamation lawsuit against Simmons for allegedly trying to undermine her sexual assault accusations against him. The former Def Jam Recording executive has alleged that she was raped by the music mogul in 1995.
The complaint was filed on the heels of another suit against Simmons for sexual assault and battery from an ex-executive at the label he cofounded, who sued as a Jane Doe.
At the On the Record’s Sundance premiere, the audience gave the title multiple standing ovations. With its festival reviews, On the Record currently sits at a 100 percent on Rotten Tomatoes, while The Hollywood Reporter‘s Beandrea July called the film “a stunning feat of complexity that’s both contained and expansive.”
Ansari, Simmons’ lawyers, is a partner at Aidala, Bertuna & Kamins. Arthur Aidala, another partner at the New York law firm, is lead counsel for Harvey Weinstein in his New York sexual assault trial.
