Overview

• Simmons filed a defamation lawsuit in Manhattan Supreme Court against HBO, Warner Bros. Discovery and directors Kirby Dick and Amy Ziering, seeking $20 million in damages and a court order to remove On the Record from all company outlets.
• The complaint alleges HBO ignored interviews, witness statements from more than 20 individuals and nine polygraph tests favorable to Simmons, despite presentations to then-WarnerMedia CEO John Stankey and HBO chief Casey Bloys.
• Lawyers argue that ongoing international distribution of the 2020 documentary qualifies as fresh republishing under New York law, potentially bypassing the state’s one-year defamation statute of limitations.
• On the Record debuted at Sundance in January 2020 with testimonies from Drew Dixon and others, prompting Oprah Winfrey’s exit as executive producer over perceived inconsistencies in the film.
• HBO and Warner Bros. Discovery have disputed the allegations, affirming their support for the filmmakers and vowing to defend against the lawsuit.