You don't really upload things to IPFS, since it works like Bittorrent: you make files available by adding them, but that doesn't copy those files anywhere. They're only transferred via the network to clients that specifically request them, which makes this a non-issue.
Could you elaborate on why Filecoin is a different issue? Is it because I have to specifically download (or allow others to upload to me) the files so I can host them?
With FileCoin (the IPFS-related ICO with no implementation), the idea is that you're offering your storage space to others in exchange for a fee. So somebody could use your system to store, say, child porn.
With plain IPFS that cannot happen, because you're only downloading what you're interested in. That's what I meant when I wrote that IPFS is like Bittorrent.
I would hope that safe harbor laws would protect you in a case like that, similar to how Amazon doesn't get busted if one of their customers uses AWS to store illegal material.
Now FileCoin, that's a different issue...