- Defamation and intentional infliction of emotional distress.
- Deceptive business practices.
- “Suppressing” evidence, including polygraph results and statements from civil rights leaders and lawmakers who vouched for Simmons’ account.
Simmons’ legal team, led by Imran Ansari, seeks at least $20 million in damages and demands the immediate removal of On the Record from all HBO and Warner Bros. Discovery platforms, arguing that each time the film streams, it “republishes” defamatory material.
Few can deny Simmons’ impact on pop culture or HBO’s rise as a tastemaker. Def Comedy Jam and Def Poetry were milestones in HBO’s evolution. But Simmons says that partnership is now a distant memory, supplanted by what he describes as a “one-sided narrative” that weaponizes the reach of streaming.
The documentary, which premiered at Sundance in January 2020, spotlights several women—including author Sil-Lai Abrams—who accuse Simmons of sexual assault or harassment. While Simmons settled with Abrams (and reportedly five other women) for nearly $8 million in confidential agreements, he steadfastly denies all allegations of nonconsensual conduct.
Significantly, Simmons’ lawsuit claims the filmmakers were repeatedly urged by both civil rights leaders and members of Congress to include “exculpatory evidence” and alternative perspectives, but these overtures were ignored.
At the heart of Simmons’ lawsuit is the charge that filmmakers had a legal and ethical duty to at least consider the polygraph evidence and supportive statements he presented. But what does the law actually say?
Under U.S. defamation law, the First Amendment offers broad protection to filmmakers and journalists, especially on matters of public concern. The U.S. Supreme Court’s standard in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), requires a public figure like Simmons to prove “actual malice”—that is, that the filmmakers either knew their statements were false or acted with reckless disregard for the truth.
With regard to the polygraph evidence, Courts are divided on the reliability of polygraph (“lie detector”) results; most U.S. jurisdictions do not treat polygraphs as conclusive, and they are often inadmissible in court due to reliability concerns.
Before On the Record’s debut, media titan Oprah Winfrey dropped out as executive producer, citing “inconsistencies”in the accounts presented and pressure from multiple sides. The move only intensified the public debate, with critics asking whether the film’s narrative had become more advocacy than journalism.
The legal complaint underscores that Simmons’ business empire—and international reputation—have suffered catastrophic losses due to HBO’s ongoing distribution of the film. Simmons claims that each new streaming view or international licensing deal amplifies the damage.
His accusers, however, maintain that the film’s narrative accurately reflects their experiences and that Simmons’ settlements speak volumes.
