JUPITICE VIDEO CONFERENCING RULES

1. Access Control and Authentication

2. Recording and Transcription

3. Data Encryption and Security Measures

4. Confidentiality of Proceedings

5. Participant Guidelines

The Neutrals, parties and their authorised representatives, if any, should:

1. Remain ready at least 15 minutes before the scheduled time of the Hearing session as the case may be and test the software and equipment;
2. Should use a secure internet connection and should not attend from a public location or in circumstances where non-invitees could hear or see the proceeding;
3. Should join the video conferencing link provided by Jupitice Platform at the scheduled time;
4. Should introduce themselves and shall maintain necessary decorum.
5. Keep the video on at all times during the Hearing session as the case may be, avoid using virtual backgrounds and ensure the lighting is sufficient;
6. Place the camera in a way that the viewing angle covers a reasonable part of the interior of the room while retaining sufficient proximity to the screen to clearly depict the participant;
7. Participate from a quiet location, remain muted and should not share the screen until instructed otherwise;
8. Not disconnect or leave the video conference without the leave of the Neutral;
9. Not share the link of the video conference with any third party except their authorised representatives;
10. Follow and adhere to any other requirements, instructions or procedures as instructed by the Neutral.

1. ODR/ADR Service Provider

2. Neutrals

3. Participants

Background to technical requirements

This section of the Guide discusses the technical aspects of videoconferencing and videoconferencing equipment. This includes the placement of cameras, lighting, screens, and microphones. The equipment provided should be selected and set up to support as well as possible the various steps involved in the process of the court hearing. The detailed technical standards for videoconferencing are contained within Annex I.

1. True-to-life principle

The objective is to make the videoconferencing session as close as possible to the usual practice in any court where evidence is taken in open court. To gain the maximum benefit, several differences have to be taken into account. Some matters, which are taken for granted when evidence is taken conventionally, take on a different dimension when it is taken by videoconferencing: for example, ensuring that the witness understands the practical arrangements of the videoconferencing session and which are the parties to the videoconferencing and what their various roles are. The following are suggested as a checklist of practical considerations that encourage best practice in the use of videoconferencing:

• Time zone differences need to be considered when a witness abroad is to be examined by videoconferencing. The convenience of the witness, the parties, their representatives, and the court should all be taken into account.
• In the courtroom, the videoconferencing tools should to the widest extent possible be installed and used in such a way that it supports the users' feeling of participating in a traditional meeting of the court.
• Those involved with videoconferencing need to be aware that, even with the most advanced systems currently available, there are slight delays between the receipt of the picture and that of the accompanying sound. If due allowance is not made for this, there will be a tendency to "speak over" the witness, whose voice may continue to be heard for a fraction of a second after he or she appears on the screen to have finished speaking.
• With current technology, picture quality is good, but not as good as a television picture. The quality of the picture is enhanced if those appearing on videoconferencing monitors keep their movements to a minimum.

2. General arrangements and quality principles

The videoconferencing system should be set up in such a way that the persons concerned are provided with an accurate picture of what is happening in the foreign site (of the requesting or requested authority). Concerning the quality of the visual and audio connection, sufficient account should be taken of the interests of the persons concerned. Consequently, the videoconferencing system should be of high quality. Only then will a hearing conducted via videoconferencing provide a reasonable alternative to a face-to-face hearing. More particularly, this means that sounds and images need to be aligned accurately and reproduced without any perceptible delay. Furthermore, the external appearance, facial expressions, and gestures of the persons concerned should be perceptible.

3. Videoconferencing equipment

To facilitate the use of videoconferencing equipment, all equipment components should as far as possible be standardized based on the same types of equipment and the same configuration. The videoconferencing equipment should where possible be integrated with the established courtroom working arrangements and infrastructure. At the courtroom, the videoconferencing tools should to the widest extent possible be installed and used in such a way that it creates the atmosphere of a traditional meeting of the court. In the following sections, the various aspects of image, lighting, sound, and the positioning and use of equipment (cameras, microphones, and screens) are discussed.

4. Image

In cross-border videoconferencing it is expected that the screen can be used for three different views:

• A focusing view: for transmitting images of the participants in the other room;
• An overview view: for an overview of the situation in the other room;
• An information view: for transmitting documents and other information (this includes also any screens located in participants' workstations)

To guarantee objectivity, each participant should as far as possible be portrayed in the same way on screen. The lighting intensity, resolution, and frame rate should be compatible for each participant. The lighting should as far as possible be such that facial expressions are always readily discernible, there is no shadowing around the eyes and there are no reflections on screens. As far as is possible, eye contact should be imitated.

5. Positioning of equipment

Equipment should be positioned in such a way that cases can still be handled without videoconferencing in the relevant courtroom. It should be possible to position cameras, screens, lighting, and participants in such a way that the entire set-up is suitable for video hearings and video pleading in both civil and criminal proceedings. Care should be taken in positioning cameras too, and where possible, avoid filming participants from above or below since this can give a distorted view and affect the way the participant is perceived.

6. Screens

The viewing angle and viewing distance should be such that all participants can use the same screen in the same way. The size of the screen may be large enough to ensure that – in terms of viewing angle – the persons involved can preferably be shown to the same scale as would be perceived at a normal meeting. A minimum resolution of the WXGA standard should be achievable. As to the frames/sec, a minimum of 30 frames/second may be required. Facial expressions should be readily discernible and viewing comfort high.

7. Cameras

The cameras should preferably be fixed and they should have several pre-set positions for panning, tilting, and zooming; one of the possible positions should be pre-set as a preference. This allows the person operating the equipment to quickly change the views with minimal disruption to the court proceedings. The angle size of focusing cameras should be large enough to ensure that the participant's face, shoulders, and upper body are visible. All participants should be able to move and turn towards other persons within an area of 80 x 80 cm without disappearing from view.

8. Speech

Speech will always need to be readily intelligible and no words should be lost during videoconferencing. The quality of the sound will need to be continuous, with no extraneous interference. The risk that speech quality deteriorates as a result of speech compression should be avoided. This means meeting certain requirements as regards lip synchronicity (a delay of less than 0.15 seconds), echo cancellation, and background noise and reverberation. Such concerns are of particular importance in situations where interpreters are involved in the videoconference. The Case Manager should be able to adjust the volume on the site to compensate for differences in speech level.

9. Microphones

Microphones should be positioned in such a way that all speakers are understandable, with no distortions caused by background noise. Microphones can be built-in (into desks or elsewhere) and should preferably be eaves-droppingproof, direction-sensitive, and fitted with a mute button. During the hearing, there can be situations when court staff needs to be able to switch off microphones (e.g. consultation of a party with his/her lawyer).

10. Portable equipment

Portable equipment (screen + camera + speaker + microphone + accessories) should be usable either in various combinations or in conjunction with a fixed set of equipment. The equipment should be readily transportable (and hence not necessarily on wheels), easy to move between the different locations, and flexible in terms of its use. Consequently, more limitations are expected to apply to the quality of portable equipment than to fixed equipment (e.g. as regards the number of participants who can be filmed clearly at the same time).

11. Operation of the videoconferencing equipment

The operation of the videoconferencing system is most convenient with a touch screen. It is beneficial if the operation is as user-friendly (i.e. as simple) as possible, and consists of only a limited number of manoeuvres, for example switching on/off, establishing and terminating the connection, and logging on/off.

During use, the audio-visual solution should not require the intervention of the operator. If any problems arise, the operator should be able to ring a help desk. It is for the judge to decide whether to terminate a videoconferencing session that has been disrupted in this way.

12. Recordings and use of documents

In most cases, the videoconference proceedings do not require any recording other than those that would normally take place for such proceedings. In cases in which the application to use videoconferencing also seeks to have the videoconference proceedings recorded, the requesting authority is obliged to arrange for recording equipment to be provided to the requested authority where necessary so that the evidence can be recorded by the requested authority in the correct format. Video recording of proceedings may be subject to restrictions depending on the Member States involved.

It is expected that parties will have anticipated what documents will be required in the course of the proceedings and that they will have made copies available to those participating in advance. The parties should endeavour to agree on this. It will usually be most convenient for a bundle of the copy documents to be prepared in advance, which the requesting authority should then send to the requested authority. If technically possible, the documents could be presented by using a separate document camera as a part of the videoconferencing equipment.

In certain situations, a document camera is not a sufficient means for exchanging papers. Using a camera does not for example allow the client and the lawyer to discuss presented documents in private. Thus, a faxed copy of the document may be more easily available.

For the exchange of documents, videoconferencing could be supplemented with shared document repositories or document servers. These capabilities are increasingly being used for sharing information but within the justice context, extra care needs to be taken to ensure that any such repository is secure, readily available to the parties, and only accessible by the authorized parties connected to the case. Such repositories could be available via computers at both the sites of the requesting authority and the requested authority.

13. Multipoint connections and bridging

In cross-border videoconferencing, it should also be possible for the system of the requesting authority to be linked up to the systems of the requested authority. Usually cross-border videoconferencing concerns the establishment of a visual and audio connection between two locations (point-to-point), the site of the requesting authority and the site of the requested authority. In some cases, it may be necessary to establish a connection between more than two locations simultaneously (multipoint). This may be the case e.g. when an interpreter is connected to the court proceedings from a third location. The links may be established through a third-party bridge.

Point-to-point connections and multipoint connections should also comply with the international standards applicable to videoconferencing. Those standards have been drawn up by the International Telecommunication Union (ITU). A detailed list is in Annex I of this document. The cross-border connection of the videoconferencing systems should also be safeguarded in such a way as to prevent recordings from being intercepted unlawfully by third parties. If an IP-to-IP connection is being used, the methods of encryption need to be agreed upon by the participating courts.

Indian Information Technology Act, 2000 & Data Privacy Rules

In compliance with the Indian Information Technology Act, 2000, and its 2011 amendments on data privacy rules, the following guidelines will be adhered to:

• Reasonable Security Practices: Video conferencing sessions will incorporate security measures compliant with Section 43A of the IT Act, safeguarding sensitive personal data and information (SPDI).
• Consent and Notification: All participants will be notified about the data collection practices and will provide informed consent before engaging in the digital hearing.
• Access to Information: The service provider will ensure restricted access to stored video recordings and personal data, only granting access to authorized personnel.

General Data Protection Regulation (GDPR) Compliance

The ODR/ADR service provider is committed to ensuring full compliance with the GDPR, which governs data privacy and protection for EU-based individuals. This policy adheres to the following GDPR principles:

• Lawfulness, Fairness, and Transparency: All personal data processed during video conferencing sessions will be handled in a lawful, fair, and transparent manner.
• Data Minimization: Only necessary data required for the dispute resolution process will be collected and processed.
• Storage Limitation: Personal data will not be retained longer than necessary, in line with GDPR Article 5, ensuring strict time limits for data deletion.
• Integrity and Confidentiality: Adequate technical and organizational measures will be implemented to ensure data security, including encryption of video sessions and personal information.

Reporting Violations

Participants who suspect a breach of data privacy or confidentiality must report it immediately to the service provider's designated Data Protection Officer (DPO). All complaints will be reviewed and investigated in a timely and confidential manner.

In the event of a privacy or security violation, appropriate remedies will be implemented, which may include:

• Restricting or suspending access to the platform.
• Reporting to legal authorities, if required.
• Notifying impacted individuals as mandated under the Indian IT Act and GDPR rules.

Data Breach Notification

In the event of a data breach, the service provider will comply with the following notification protocols:

• Indian IT Act Breaches: In India, any cybersecurity incidents will be reported to the Indian Computer Emergency Response Team (CERT-In) under Section 70B of the IT Act within the prescribed timelines.
• GDPR Breaches: Notification to the relevant supervisory authority will be made within 72 hours of becoming aware of the breach, in accordance with Article 33 of GDPR.

Video

H.320 and H.310 standards for Video over ISDN. These standards include guidelines for video compression and transmission and audio and control signals. When a video system of one manufacturer conferences with another brand, both video systems automatically revert to the common denominator of H.320. H.310 is the standard for faster ISDN connections.

H.323 Standard for Video over Internet. The H.323 standard provides a foundation for audio, video, and data communications across Internet protocol-based networks. By complying with H.323, multi-media products and applications of different origins can interoperate, allowing users to communicate without concern for compatibility.

Data conference

T.120 Standard for Data Conference. The T.120 is a data-sharing protocol for multipoint data communication in a multimedia conferencing environment. It enables whiteboard collaborations, file transfers, graphic presentations, and application sharing.

Picture and audio

H.263 and H.264. Picture quality standard of 30 frames per second Common Intermediate Format (CIF) at between 336 and 384 kbps (kilobits per second). The standard of 30 frames per second ensures a near-broadcast quality picture. Examples of ITU standards that meet this requirement are H.263 and H.264.

H.239 — Picture-in-picture (PIP). Picture-in-picture or DuoVideo H.239, permits the codec to display at least two images on the monitor.

Standards for audio coding: G.711 (Pulse code modulation (PCM) of voice frequencies), G.722 (7 kHz audio-coding within 64 kbit/s); G.722.1 (Low-complexity coding at 24 and 32 kbit/s for hands-free operation in systems with low frame loss).

Echo cancellation microphones with a 100 to 7,000 Hz frequency response, audio muting, on/off switch, and full-duplex audio.

H.281 — A far-end camera control protocol for videoconferences using H.224. H.281 is the standard for local and far-end camera control protocol for ISDN (H.320) video conferencing, for camera(s) with the ability to pan, tilt, and zoom, both manually and using presets.

Channels, bandwidth, and bridging

A minimum of 6 channels for room videoconferencing systems using ISDN or video systems running as the sole application on a personal computer or larger room-type system should have the capacity to use 3 ISDN lines. This capacity is necessary to achieve 384 kbps at 30 frames per second. In general, the greater the bandwidth of the connecting circuits and the processing power of the codec, the better the picture quality especially in large screens.

Standards for Codecs: H.261, H.263, and H.264. The primary function of the codec is to compress and decompress video and audio. Multiple identical outputs can be provided from the single output system by a device commonly known as a "distribution amplifier"

Bandwidth On Demand Inter-Networking Group (BONDING) standards (ISDN and H.320 only) for inverse multiplexers. Inverse multiplexers combine individual 56K or 64K channels to create more bandwidth, which equals better picture quality.

9H.243 – H.320/H.323 Standard for Bridging Technology. Multi-point bridging equipment is addressed under standard H.243. The multipoint bridge connects all the participants by allowing a videoconferencing system to connect to more than two sites.

H.460 is a standard for the traversing of H.323 videoconferencing signals across firewalls and network address translation (NAT). H.460.18 and H.460.19 are standards that enable H.323 devices to exchange signalling and media across boundaries imposed by NAT and firewalls.