By Stacy Brown
Russell Simmons is accusing HBO and its partners of ignoring civil rights leaders, burying evidence, and turning his name into a global spectacle, and he’s putting it before a Manhattan court.
In a sweeping amended lawsuit, the New York-born architect behind some of rap’s biggest stars, including Run-DMC, LL Cool J, and Jay-Z, alleges that Warner Bros. Discovery, HBO, HBO Max, Max, filmmakers Kirby Dick and Amy Ziering, and Jane Doe Films knowingly pushed the 2019 documentary, “On the Record,” despite repeated warnings that the film was one-sided and unreliable.
“This lawsuit is about the reckless and/or malicious defamation of Simmons,” the complaint states, describing the film as “a defamatory film that was mislabeled as a factual documentary” and a “tabloid hit piece” that “blurred the lines between documentary and drama to exploit [the] #MeToo movement for media profit.”
Simmons has lived in near exile in Bali, Indonesia, since the allegations erupted, and he is now accusing HBO and others of ignoring clear warnings and pressing forward anyway with the explosive film.
According to the lawsuit, which cites several articles the NNPA published about the film, those warnings came from the highest levels.
“Before OTR was broadcast, the Defendants ignored the requests of many highly respected and notable civil rights leaders, including but not limited to, Reverend Al Sharpton and Reverend Jesse Jackson…who asked the Defendants to verify the Accusers’ stories and not to release a one-sided story,” the complaint states.
The filing adds that even inside corporate leadership, there were calls for balance.
“At least one Time Warner Board Member…asked the Defendants to include both sides of the story…which the Defendants again refused to do,” the filing states.
Simmons says this was not an oversight. He says it was a decision.
The lawsuit also challenges the foundation of the film itself.
Simmons alleges the central accuser was not simply a participant but someone with a financial stake and influence over the production.
According to the complaint, she “played an active, instrumental, behind-the-scenes role” and “definitely had a private deal” with the filmmakers, adding that she was “in it for the money and attention reasons period.”
That arrangement, Simmons says, was never disclosed to viewers.
Instead, audiences were presented with what appeared to be independent testimony.
The filing adds that she described herself as “the main one most associated with the film” and had “planned this for years” as part of a larger effort that included a book built on the same allegations.
One of the most striking moments in the complaint centers on Oprah Winfrey.
According to the filing, Winfrey initially backed the project but stepped away after reviewing the material and raising concerns about inconsistencies.
“There’s some inconsistencies in the stories we need to look at,” she said, according to the complaint, which also states she found “too many inconsistencies” in the lead accuser’s account.
Simmons says she urged the filmmakers to include opposing perspectives.
They refused.
Winfrey has publicly defended her decision to withdraw, saying it was based on concerns about the film itself and not because she did not believe the alleged victims.
The lawsuit highlights voices Simmons says could have changed the entire narrative.
Nana Carmen Ashhurst, a former president of Def Jam Recordings, is described as a key witness contradicting one of the central allegations.
“At no point did [she] use the term rape,” Ashhurst said, recalling a phone call the day after the alleged incident, according to the complaint.
Simmons says the filmmakers knew about her account and excluded it.
Thomasina Perkins-Washington, a longtime publicist, also warned executives before the film aired.
“This is a one-sided narrative with no credibility or integrity,” her 2019 letter to HBO states, according to the complaint, which says she provided documentation and witness statements that challenged the allegations.
Simmons claims those warnings were ignored.
The complaint repeats that phrase again and again.
“The Defendants deliberately, recklessly, and maliciously persisted in publicly releasing…OTR,” it states, even after being presented with “highly relevant and credible evidence favorable to Simmons.”
Simmons alleges the filmmakers refused to include his side of the story and ignored evidence that challenged the allegations.
Before the film was broadcast, Simmons said he spoke to Casey Bloys, Chairman of HBO and Max Content. Simmons told Bloys he had witness testimony and a short movie rebuttal and he asked Bloys to review it for the inclusion in the film.
“Bloys thought that was funny, laughed, and replied, ‘Only if the girls agree to be in it.’” Simmons said. The filing accuses Bloys of deliberately placing unreasonable and unrealistic conditions on Simmons for
THE EVIDENCE HE SAYS WAS LEFT OUT
Among the claims, Simmons says he voluntarily took nine lie detector tests and passed them.
“I believe he was truthful in all of these,” a polygraph examiner is quoted as saying in the filing.
He also alleges the filmmakers failed to properly vet the accusers.
“It is unclear what the Defendants did, if anything, to personally vet the credibility of the Accusers,” the complaint states.
Simmons argues HBO and Warner Bros. Discovery were fully aware of the controversy before distributing the film.
“Despite the obvious and unmissable serious red flags,” the complaint states, the company moved forward anyway.
He says executives were contacted repeatedly with evidence and requests for review.
Instead, they relied on the filmmakers.
“The filmmakers…stand behind the content,” an HBO attorney stated.
