Russell Simmons, the pioneering music mogul who co-founded Def Jam Records, is embroiled in a high-stakes legal battle with HBO. Simmons took a no-holds-barred legal posture and sued for $20 million in a defamation action against HBO and the producers of the controversial documentary On The Record, accusing the producers of intentionally ignoring crucial evidence that might undermine the sexual assault claims made in the documentary.
The lawsuit, filed on June 3 in a New York state court, alleges that HBO and Warner Bros. Discovery willfully ommitted more than 20 witness interviews and several polygraph tests that contradict the “storyline” pushed by the documentary. Simmons’ counsel claims that the evidence in question would have rejected the charges and, if presented, could have otherwise affected public opinion. It gets even worse in the lawsuit, which requests that Warner Bros. Discovery pull On The Record from all its platforms, including Max. Within the request push, Simmons is out to clear his name, and he’s out to ration up responsibility to the media for what he sees as a reckless depiction that has done harm.
This includes the entertainers who have been the subject of media stories produced on ‘On The Record.’ On The Record failed to comply with minimum journalistic standards and omitted relevant evidence that was highly incriminating in support of Mr. Simmons, the court documents say. They refused to include exculpatory evidence and the defendant’s allegations in the stories to portray a more balanced profile of the accusers and defendants, adding that On The Record only presented a one-sided view of the story. He says this information was conveyed directly to top executives, including Warner Media’s then-CEO John Stankey, HBO, and Max Content chairman and CEO Casey Bloys. They did anyway, Simmons contends, releasing the story in a way that favored sensationalism over fair play.
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His lawyers argue that this omission represents much more than oversight. They call it “a willful disregard” for the truth spurred by an agenda. The lawsuit asserts that the production team didn’t exercise ‘due diligence’ in standard journalistic practice in evaluating sources. This process would have brought to light credible versions of events that could exculpate Simmons or at least challenge the dominant story.
Among the overlooked pieces of evidence are nine polygraph tests, Simmons says, that prove his innocence. Polygraphs may not be admissible in court, but they are referenced frequently in public discourse as a measure of credibility. Suing over this would indicate that Simmons is pursuing all possible paths toward vindicating his name. The lawsuit raises serious questions about the ethical obligations of filmmakers when exploring delicate subjects like sexual assault. Though On The Record won praise from some who said it allowed survivors to tell their stories, Simmons argues that the doc’s omissions framed him villainously and didn’t create space for rebuttal or context.
The lawsuit puts HBO and the larger entertainment industry under renewed scrutiny over how they navigate stories about public figures accused of wrongdoing. Simmons is challenging a larger cultural practice of “trial by media,” in which public images are formed based on selective editorial narratives rather than a full accounting of reality.
As the case proceeds, it may rekindle discussions about journalistic responsibility, documentary-making ethics, and the line between advocacy and even-handedness. Win or lose. However, this lawsuit will also become a landmark in the recent media accountability and reputation justice debate. At a moment when platforms have tremendous power to shape public narratives, Simmons’ lawsuit against HBO may compel a more profound reckoning with how truth is built up and disputed in the court of public opinion.
