Many pornographic sites have a community that is uploading videos to the site. Some of the most well-known sites like pornhub.com and xhamster.com are an example for such websites.
There are several types of pornographic content where the visitor of such sites does not know whether the persons shown in the video are consenting with the video being uploaded to the site (or depending on the kind of pornography, even consenting to take part).
Examples for such (possibly) problematic content are:
- so called "amateur videos"
- videos of sunbathing (nude) persons on public beaches
- exhibitionist videos (public nudity, masturbation)
Does this pose a legal issue for visitors of such sites?
Is it illegal to even accidentally view such videos?
Am I obliged to take specific action when recognizing such content? Would ignoring be illegal?
I am specifically interested in U.S. and German jurisdictions.